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{
    "id": 784326,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/784326/?format=api",
    "text_counter": 150,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Otiende Amollo",
    "speaker_title": "",
    "speaker": {
        "id": 13465,
        "legal_name": "Paul Otiende Amollo",
        "slug": "paul-otiende-amollo"
    },
    "content": "It is also to be noted that there is the question of penalties. This Bill is so heavy on penalties. It creates 17 offences. All those offenses are the heaviest I have ever seen in any legislation. The jail term ranges from three to 25 years. Fines range from Kshs5 million to Kshs25 million. That does not exist anywhere. As a lawyer who focuses mostly on rights, to create severe penalties does not usually deter people from that offence. It will only result in circumvention of those offences. Criminal jurisdiction suggests that if you want to achieve deterrence, you create rational offences and not outrageously irrational in terms of fines or jail term. It is to be noted that Clause 13 is a good one because it creates the offence of child pornography. I heard the Chairman say that they were going to amend it, which is a good thing. I observe that while it is a good provision, it has a very strange exclusion in Clause 13(2). It is a defence of a charge under this clause if the person establishes that the child pornography was intended for a bona fide scientific research. I could not imagine what bona fide scientific research there can be in child pornography. Clause 13(2), as proposed, needed to be excluded because it is just bizarre."
}