All parliamentary appearances
Entries 9311 to 9320 of 9336.
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26 Apr 2006 in National Assembly:
If we joke around with this law and not challenge the Committee to come out with the best, we will have opened a pandoras box of court cases, false accusations, blackmail; name it!
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26 Apr 2006 in National Assembly:
Mr. Deputy Speaker, Sir, I want to start by referring hon. Members to the Bill. If you look at page 348, Section 2(a), you are told that: "An indecent act refers to direct or indirect contact between the genital organs of a person or in the case of a female, her breasts and buttocks or any other part of the body with that of another person". The danger of this is that, a mischievous person who wants to nail you--- And some of our people live under very tricky conditions. They do not use those limousines which some of you ...
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26 Apr 2006 in National Assembly:
Mr. Deputy Speaker, Sir, you will go to jail for ten years! Imagine a set-up where there is rivalry in the registry where clerks work together; one is female and another male; they travel on the same matatu . This man is the sole breadwinner for his family, and the the lady does this to him. He goes to jail for ten years, that family is killed economically. We have to be sober! Mr. Deputy Speaker, Sir, on the same note, look at Section 2(b) on the same page. We are told that: "Indecent act also includes exposure or display ...
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26 Apr 2006 in National Assembly:
Mr. Deputy Speaker, Sir, I want to refer hon. Members to Clause 4 on page 350. It tells us that: "Any person who attempts to unlawfully and intentionally commit an act which causes penetration with his or her genital organ is guilty of the offence of attempted rape and is liable, upon conviction, for imprisonment for a term which shall not be less than five years but which can go on up to life imprisonment". I am hoping that this Committee will consider deleting this clause. If you leave this clause there, all you are doing is abolishing courtship. This ...
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26 Apr 2006 in National Assembly:
Mr. Deputy Speaker, Sir, if we do not do this, blackmail will be the order of the day. This is law. It is not about emotions. It is a law that will take people to jail for life! I would like to make a comment on Section 8 on page 353---
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26 Apr 2006 in National Assembly:
Thank you, Mr. Deputy Speaker, Sir. With due respect to the hon. Member who is a senior counsel; if he makes just a little effort, and remember that I am a qualified medical practitioner, he will acknowledge the fact, that sexual process is 100 per cent in the mind for it to---
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26 Apr 2006 in National Assembly:
Mr. Deputy Speaker, Sir, I had referred the House to page 353. Clause 8, Subsection 5 is very important. It attempts to cushion somebody appearing in court on the charge of defilement. Clause 8(1) states:- "A person who commits an act which causes penetration with a child is guilty of an offence termed defilement". Clause 8(5) goes on to state:- "It is a defence to a child under this section if- (a) it is proved that such child deceived the accused person into believing that she was over the age of eighteen years at the time of the alleged commission ...
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26 Apr 2006 in National Assembly:
Mr. Deputy Speaker, Sir, I am most obliged. If during that time I see that the new Bill that they will have brought will not have done the amendment, I will bring it. However, all I wanted to say is that Clause 5(c) should be inserted to cushion this special group of people; they will then have to add that:- "If the accused was a person carrying out a scientific, ethical or a medical figure". This is because if we do not do that, the medical practitioners on many occasions perform procedures which, just for the lack of the right ...
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26 Apr 2006 in National Assembly:
Deputy Speaker, Sir, may I give an example because hon. Wanjala seems to be getting lost?
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26 Apr 2006 in National Assembly:
Mr. Deputy Spekaer, Sir, some of these professionals are called upon as a life-saving measure to do what is tantamount to defilement. For example, we have children who are born with a very tight hymen and, therefore, when they start menstruating the parents come to the doctors complaining that their child is pregnant, the abdomen is distended and when we examine, we find that the menstrual flow has been coming every month and accumulating because there is no let out. So, the doctor aggressively takes a knife and actually "opens" the child. If you do not protect him, an ignorant ...
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