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{
    "id": 874365,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/874365/?format=api",
    "text_counter": 328,
    "type": "speech",
    "speaker_name": "Sen. Ochillo-Ayacko",
    "speaker_title": "",
    "speaker": {
        "id": 347,
        "legal_name": "Ochilo George Mbogo Ayacko",
        "slug": "ochilo-ayacko"
    },
    "content": "because they have been exploited by faceless and hidden cartels who continue to exploit our people. Having said that, I am also a lawyer and I believe in the legal process. There is a cardinal principle in law that states that it is better to allow guilt to escape than to punish innocence. I support this amendment because my able seniors, Sen. Wetangula and Sen. Orengo, have spoken to this topic and are giving us an assurance that what is being done is proper. However, I want us to caution ourselves, because in my earlier life when I was more vigilant and a Member of the other House, I noticed situations where reports that adversely mentioned certain people were challenged in certain fora because such people had not been invited to give their side of the story. This cardinal principle has expression in Article 50(1) of the Constitution of Kenya, which requires that we should hear people more importantly when we are likely to make determinations that may be adverse to them. The assurance that we have been given by senior counsels is comforting, but we should also be cautious. If we are going to insist that the resolutions that are recommending serious consequences be visited upon these people who did not have opportunity to appear before this Committee, then we should also take the process and the possibility that we may punish the innocent very seriously. We will, therefore, be in breach of the cardinal principle in criminal law that at times it may be better, in the general principle of justice, to let guilt escape than to punish the innocent. Madam Temporary Speaker, I know that these cartels have done damage to millions of Kenyans, and what they have done to us has impacted negatively in terms of the revenue we collect as a nation. In my very honest opinion, they deserve the harshest punishment that we can find in our Statute law books. However, as we do so and consider ourselves the House of Senate, and people representing the citadel of justice in this country, we must also be very cautious. We must attempt to be fair and ensure that all the processes that might make innocent or people who would have otherwise have had explanations be punished, are taken care of so that they are safeguarded. I conclude by indicating that the amendments are proper, because they are in the spirit of ensuring that whatever or wherever impunity reposes, we pursue it and have to punish it. The amendments intend to ensure that farmers who have been paying taxes, who are self-reliant and self-dependent continue to run their affairs unimpeded as they continue to do so. Madam Temporary Speaker, we must punish these people but, at the same time, ensure that our processes are good."
}