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"speaker_name": "Hon. Dido",
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"content": "Looking at the some of the issues we raised, particularly last week on the misuse and abuse of cyberspace by the citizenry in Kenya and across the world, one of the things we must agree as a House is that we must protect the many from the few who abuse cyberspace. Within this Bill, there are areas that we need to address, for example, with regard to offences. Offences that are punishable by law must be read in conjunction with the existing civil offences code that exists in our land. The other things in this Bill which we need to be very careful about are illegal devices and access codes. When you walk around the duty-free shops around the world, you find very interesting gadgets which are legal in those countries, but as soon as you bring them to our country, you are told they are illegal. You will be told that they are bound to interfere with system X or Y. So, the committee or the experts who are helping to shape this Bill should try to come up with more details as they continue to craft it. The area of punishment has been addressed by the speakers before me. We need to try to relate it to other jurisdictions. We need to ask ourselves what the offense is and how it is committed. Relativity is important because of standards and for the purpose of enforcement. Currently, we can all read Government documents whether classified, confidential or even secret on the internet or even on WhatsApp. I think that, in itself, is criminal. It jeopardises the security of the State or even, sometimes, the security of individuals. For that reason, I think those working in the Government, who have access to classified information, through this Bill, must be warned that there is a law. On the area of child pornography, I think in the West, the punishment is currently very serious. Individuals in their 70s or 80s are being caught and taken to court many years after they have retired from their jobs following clear forensic evidence establishing that they did something wrong at some point in their engagements in public life. For that reason, we cannot in any way, as the Bill appears to state, give any leeway on child pornography. It is criminalised all over the world and Kenya should not try to reduce the bar from where the international system has placed it. The area of international co-operation is very interesting and we need to look at it critically. We have the International Criminal Court (ICC) cases that still linger on. There is the rendezvous of some Kenyans in the Island of Guernsey because of tax evasion. We must consider the areas of criminal jurisdiction or else it will be like we are crafting a law that at some point in time, we would have to defend. The famous Wikileaks fall in this category. If we pass this Bill, we will have something to hang our hats on so. We can craft it better in the future. Thank you, Hon. Temporary Deputy Speaker."
}