3 Dec 2013 in National Assembly:
Yes, but that has to mature enough, or it has to crystallize enough to be an offence in the commonwealth jurisdiction. At least, with regard to the jurisdictions that we are aware of none is punishable by payment of cows.
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3 Dec 2013 in National Assembly:
Your sentiment is well taken care of. I hope the Chair will discuss this much later and you may want to prefer an amendment to the Act, once it has become law.
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3 Dec 2013 in National Assembly:
It is okay. Resume your seat, it is all right. This is not an issue of discussion.
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3 Dec 2013 in National Assembly:
What about if they are goats which have strayed? We have heard it. Hon. Ntutu, only related to this.
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3 Dec 2013 in National Assembly:
That is the spirit that we want to adopt right now. Therefore, that amendment is hereby ordered withdrawn.
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3 Dec 2013 in National Assembly:
Chair, let me be the first one to ask you this. Look at your amendment in paragraph 2, any officer of the Service, is liable upon conviction to a fine or imprisonment. First, you do not say for how long. A good legislation which has an offence should state how long. Otherwise, it will be a felony unless you have an omnibus provision elsewhere of general offences that people who otherwise are guilty of offences here should be punished to some term in prison. Then, the phrase, depending on the offence committed negates the whole idea of penal--- It cannot ...
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3 Dec 2013 in National Assembly:
I understand except it is not very clear. If you put a full stop as I am urging her to do after ‘both’, then it will mean that a person convicted under this Act will be sentenced to a term in prison in the penal law because when it is a penal law, which is omnibus, you will be convicted for two years. But if you chose something more drastic or more lenient, it would therefore appear here. So, if you do not have English around it, because I do not want that to come from the Chair - It ...
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3 Dec 2013 in National Assembly:
So, are you further amending by removing the words ‘depending on the offence committed’ therefore putting a full stop after both?
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3 Dec 2013 in National Assembly:
Can I put this to Question?
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3 Dec 2013 in National Assembly:
All right. Let me engage a little with the Chair. Hon. Chairlady, do we have an omnibus clause in the legislation which says that if you made an offence which has not been specifically provided for, then you risk being jailed for a term of so many years or a fine of so much?
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