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{
    "id": 954214,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/954214/?format=api",
    "text_counter": 324,
    "type": "speech",
    "speaker_name": "Sen. Wetangula",
    "speaker_title": "",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "Whether you say knowingly or willfully, and not recklessly--- Recklessness is a very technical legal term that cannot apply here. It is knowledge and the will, knowingly and wilfully. Sen. (Dr.) Zani, you need to look at that. Recklessness in law means that you know you are doing wrong and know the consequences, but you do not care. That is what recklessness in law means, and I do not think it applies to somebody who is applying for a licence to run a curio shop or something as small as that, and you come from a tourist attraction area. Sen. (Dr.) Zani, you go on to Clause 13 and provide for punishment for offences. I laud you for bringing this Bill because you want to help an ordinary mama in Kitui by the roadside, to run a small curio shop and be licensed to do so for tourists going wherever, to stop and buy a cup of tea or bracelet, and so on, but then, you cannot create offences with such harsh penalties. Clause 13 (2) states that a person who is found guilty of an offense under this section is liable on conviction, in the case of a natural person – and that natural person is now mama with a curio shop - to a fine of Kshs500,000. This is not tenable. Sen. Olekina, you know those mamas who sell curios at the airstrips in Narok. How do you fine them Kshs500,000 when their stock is Kshs5,000? It is not possible. Sen. (Dr.) Zani, you should rethink this. You go on and say that in case of a body corporate, a fine not exceeding Kshs2 million. Under the current Company’s Law, you can as a villager incorporate a company where you are the only director. So, it becomes a corporate person. If you are running a curio shop with a stock of Kshs10,000 as ‘Sen. Ledama Olekina incorporated’, you are a corporate person. So, under Sen. (Dr.) Zani’s thinking such a person will be hit Kshs2 The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}