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{
    "id": 1056233,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1056233/?format=api",
    "text_counter": 478,
    "type": "speech",
    "speaker_name": "Suba North, ODM",
    "speaker_title": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "the House, he has not lost the cause for which the public elected him. I urge him to continue with that pace. Sometimes we politic too much outside that we forget the primary reason for which we were elected. So, let us not lose ourselves too much outside there. I want to thank you for the good remarks you have made. It is not just in Mombasa where this is a problem. It is a national problem. It is a very big problem even in my constituency. There are certain drugs that are planted especially around Hon. Mbadi’s constituency. I am sure if he was here he would have protested, but that is a fact. A lot of times when people are arrested, they would be coming from his constituency. In my constituency, of late, you will hear instances where people are growing one or two substances. I also agree with the Leader of the Majority Party. We have a lost generation and unless as a country we take very urgent action, we are going to have a problem. I remember vividly, there was time I went to my constituency and I was addressing the public, and this young man came holding a Bible and collapsed right in the middle of our group. You could see he was very high on something. He kept screaming and saying “Can somebody help me?” We could not help because we do not have the skills especially when somebody reaches that level. Many of the young people would want to quit, but they are completely addicted. That is why I am happy with the purpose of this Bill because what the law has done in the past is to punish the user instead of the producer and the supplier. So, what this law seeks to do is to make it more difficult for that category of persons. It enhances penalties related to the offences in position and trafficking in narcotics and psychotropic substances. If you look at the offences, they are very prohibitive and anybody who even dreams of getting involved would think otherwise. It also defines precursors and chemical substances which might be used in the manufacturer of narcotics which was not defined before so that you try and get right at the source. It also defines who the law enforcement officers are in respect of this Act so that they cannot only arrest, but also prevent and control this crime. It prescribes offences for a law enforcement officer who waits or abets or is an accessory to any offence under this Act. We know that even though we have very many good law enforcement officers, many times we have rogue officers who may know and turn a blind eye when they are persuaded using corrupt means or by those who may be involved. So, because we give offences against law enforcement officers, it makes it difficult. It also provides for the offences arising out of conspiracy especially for people outside Kenya who might want to liaise with people in Kenya and vice-versa. A lot of the nature of these drugs is such that they are sold outside the country and so, a lot of people who supply them have connections out of the country. It also provides for the power to intercept communication and the admissibility of intercepted communication. This is an excellent provision and it has made me realise… I wish Hon. Kaluma was here because the Chairman is not here. However, as a Member of the Departmental Committee on Justice and Legal Affairs, I just want to bring to your attention that you need to make a similar amendment to the Criminal Procedure Code, Section 118, that is totally misused by officers. If you look at the provisions of this Act, it provides that: “A police officer shall not make an application under subsection (1)… (which is an ex parte application) unless he has applied for and obtained the written consent of the Director of Public Prosecutions (DPP).” Hon. Temporary Deputy Speaker, as you may know, a lot of police officers especially during this time of politics use Section 118 to intimidate Members of Parliament. I have personally been intimidated using that section where somebody just says we want to supply this because we suspect you are stealing. Stealing what? We are the ones who make laws. I thank them that I have 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."
}