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{
    "id": 718834,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/718834/?format=api",
    "text_counter": 195,
    "type": "speech",
    "speaker_name": "Hon. Okoth",
    "speaker_title": "",
    "speaker": {
        "id": 12482,
        "legal_name": "Kenneth Odhiambo Okoth",
        "slug": "kenneth-odhiambo-okoth"
    },
    "content": "reliable coroner service that is well funded to do its work on time and credibly, as Hon. Duale mentioned. This concerns timelines in death investigations. We want to make sure that even if the coroner service has to retain samples and tissues from bodies, the bodies are released to the families in good time for burial. Only necessary samples will be retained to aid the investigation. The NCS will help us to establish a professional class of forensic pathologists, crime scene investigators and other people who will have to improve this practice in Kenya. As of now, most of the investigations are inconclusive, and the evidence that is brought for prosecution, even where there is suspected foul play, often does not meet the credibility threshold necessary for a successful prosecution in order to hold the perpetrators to account. The cost of post-mortem and investigation of deaths will also be met by the state. This Bill resonate very well with the National Legal Aid Act that we passed last year to make sure that in case of a suspicious death, the state will meet the cost of the investigation. I will go into the details of some reportable and investigable deaths. It is a good law because it gives leeway for the coroner to give waivers and burial certificates. I come from Kibra Constituency, with an Islamic culture. In consulting on this Bill and undertaking research, we appreciate the Muslim communities all the way from the North Eastern region to the Coast region. They are very concerned about how mandatory post-mortems will be conducted. They wonder what type of cases will be given post-mortems waivers to allow families of deceased persons to go ahead and bury them in accordance with their cultures and practices. The way Muslims do it in Kenya is very different. In Khartoum, Sudan, they actually conduct post-mortems although it is majorly a Muslim country. The same case applies to Senegal. In Kenya, we have Muslims but they are not the majority. Kenyan Muslims are very strict. They are inclined to quick burial without post- mortems, especially where the deceased person is a female. Therefore, we have included provisions in the Bill to allow family members to attend where a post-mortem has to be conducted. Representatives of the deceased person’s family should be able to participate so that they can feel comfortable about that procedure. The proposed NCS needs to be competent, credible, independent, reliable and well- funded. We will need to advance some elements of this Bill to bring in the role of Parliament in receiving reports on an annual basis from the NCS. In the appointment of the Coroner-General, we must make sure that the vetting process and his approval is done by Parliament. The initial competitive search should be done by the Council, as proposed in this Bill, but the Coroner-General should be an appointee of the President. They should be nominated by the NCS Council and the names taken to the President. Upon him choosing who his appointee should be, he should nominate that person to be brought to Parliament for vetting. This is because it is supposed to be a very independent office like the Office of the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC). These are people who have a very important role to play in enforcing the rule of law and ensuring access to justice by all Kenyans. Therefore, we want a strong and independent person who is answerable to the people. The process of their removal from office should be initiated through a petition to Parliament and not just dismissal by the Council or by the President, as the appointing authority. This is if their conduct is wanting, they become unprofessional or perform below standards. The NCS Council is well structured. It is well represented by the Government. This is because it has the Principal Secretaries responsible for Interior and Coordination of National The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}