25 Jan 2017 in National Assembly:
Clause 4 of the Bill seeks to amend Section 30 of the Act to enhance the applicable penalty for contravening the section from Kshs50, 000 to Kshs500, 000. Section 30 of the principal Act requires a person who has been convicted of a sexual offence to disclose such conviction when applying for employment which places him or her in a position of authority or care of children or any other vulnerable persons. The safety and security of our children is paramount, and enhancement is sure to act as a deterrent to persons who intend to contravene the section. We have ...
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25 Jan 2017 in National Assembly:
Clause 7 of the Bill seeks to amend Section 36 of the Act to allow for the collection of sample of semen of a person accused of a sexual offence. The current section only allows for collection of blood, urine or tissue sample. We are adding the word “semen”. DNA forensic evidence is recognised as the most efficient means of proving or disapproving a link to sexual offences. The proposed amendment seeks to enhance the mode of identifying perpetrators of sexual offences.
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25 Jan 2017 in National Assembly:
Clause 8 of the Bill seeks to amend Section 37 of the Act to enhance the option of a fine for tampering with a scene or witness of a crime to a sexual offence from Kshs100, 000 to a sum not exceeding Kshs500, 000. Tampering of crime means a lot of things. A parent can burn clothes of a girl who has been raped. Lying is also tampering of crime. We also have police officers who tamper with evidence. This will be a crime and if convicted, someone will be charged.
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25 Jan 2017 in National Assembly:
Clause 9 of the Bill seeks to introduce three new sections in the Act immediately after Section 40. The proposed Section 40A prohibits persons from colluding in order to conceal the commission of a sexual offence. It reads: “Any person who, in order to conceal a sexual offence - (a) solicits for money, domestic animals or any other property as compensation from the suspect; (b) marries off the victim to the suspected offender; (c) prevents police officers from conducting investigations; or The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can ...
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25 Jan 2017 in National Assembly:
(d) distorts evidence or the scene of crime commits a crime; commits an offence and shall on conviction, be liable to imprisonment for a term of not less than five years or to affine of not less than five hundred thousand shillings or to both.”
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25 Jan 2017 in National Assembly:
Soliciting for money is very rampant in some communities and it is so sad when a parent/guardian takes very little money or cattle to have out of court negotiations. This needs to end because some of these girls who have been defiled and they are under 18 or even if they are over 18 years, do not have any justice that has happened in their lives. So, if you solicit for money, domestic animals or any other property as compensation, you will be convicted.
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25 Jan 2017 in National Assembly:
We have some communities where girls who have been defiled are forced to marry the rapist. When you force a girl to marry somebody who has defiled or traumatised her, she will be in a marriage that will traumatise her all her life. She will never be happy in that marriage and the marriage might not even work. Also, the girl will not have got justice because you are pushing her to get married to the sexual offender. We have places where police officers are prevented from conducting investigations. We have very many examples where a police officer is prevented ...
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25 Jan 2017 in National Assembly:
Research carried out by Crime Scene Investigations, a forensic and private DNA agency, reveals that rape in all provinces except Nairobi is mostly settled out of court through clan elders and that women and children in rural areas are subjected to such courts unwillingly. It is, therefore, important to prohibit collusion between an accused person and persons purporting to represent the interests of a complainant, especially where the latter is a minor as that will ensure that sexual offences do not evade justice.
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25 Jan 2017 in National Assembly:
The proposed Section 40B requires the Cabinet Secretary (CS) responsible for the National Police Service to ensure that all police stations have special units to deal with sexual offences and to establish at least one special unit in the counties to handle sexual and gender based violence offences. Under the section, the proposed special units are to be equipped with modern equipment and facilities for carrying out investigations on the spot and all police officers are to be trained in handling and investigating sexual offences. On this issue of the special units in the county, we have instances where a ...
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25 Jan 2017 in National Assembly:
police need to be trained to be handling these cases. If not all, at least a special cadre of police should be trained to handle the sexual offences ad even the gender based violence.
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