Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 110646,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/110646/?format=api",
    "text_counter": 336,
    "type": "speech",
    "speaker_name": "Mr. Duale",
    "speaker_title": "The Assistant Minister for Livestock Development",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Mr. Deputy Speaker, Sir, on the outset, I want to thank the PSC on Constitutional Review, the CoE and all those who got involved, including this House, for their efforts towards giving this country a new Constitution. Kenya has a very interesting constitutional history. If I may go back to the time of Independence, at the Lancaster House in 1963, the people of northern Kenya who I represent, were not represented in that constitution-making process. This is to say that 47 years down the line, the people of northern Kenya now have a golden opportunity, through their leadership, the people and all the stakeholders, to make their case heard. Since 1963, the Constitution of this country has been amended several times, but the most far-reaching of all those amendments was the one that dismantled multiparty democracy and ushered in a one party State. The second one was the reversal of the Act that repealed Section 2A. Mr. Deputy Speaker, Sir, the biggest gain by the people of northern Kenya in the history of this is the new Constitution that we are making. Why do I say so? Under the current Constitution, the people of northern Kenya suffered immensely through violation of many of their human rights. Security forces committed mass murders, judicial killings and arbitrary arrests. To say it more clearly, in November 1980, the State massacred 3,000 people of northern Kenya at a place called Bulla Kartasi in Garissa. This country is aware of the Wagalla Massacre of February, 1984, when the security forces mounted an operation in Wajir, targeting the Degodia sub-clan of the Somali community. During that incident, a lot of killing and rape was done at Wagalla Airstrip. Five thousand people were killed during that operation. More and more such incidents happened. Talk of the Malka Mari and Takaba massacres. These cases are an indication that the fundamental human rights of the people of northern Kenya were violated through various laws, specifically targeting the people of northern Kenyan and more so, members of the Somali community under the current Constitution. So, those people of northern Kenya who passed away and those of us who are alive know that the current Constitution has discriminated against their people. They were discriminated against through laws, regulations, practices and procedures that apply only to the Somali people of northern Kenya and their neighbours; the Borana and the Gabra. Mr. Deputy Speaker, Sir, when it comes to issuance of birth certificates, identity cards and Passports, the people of northern Kenya, under the current Constitution, were discriminated against. This culminated in the infamous Somali Screening Card of November, 1989. The introduction of this card, which targeted people of Somali origin during that time, was justified by the then Government in one statement. I want you to give me permission to read that statement, which says:- “The Government is to register all Kenyan Somalis and expel those found to have sympathy to the Government of Somalia.” I call this mass verification exercise and violation of the fundamental rights to protection from discrimination as enshrined in Section 82 of the current Constitution. That brings me to the point; that the Bill of Rights, as contained in this Draft Constitution, gives all the hope and security to the people I represent and to the people referred to as “people of northern Kenya”. Mr. Deputy Speaker, Sir, I want to dwell more on the reasons as to why the people of northern Kenya must see a lot of hope in this Draft Constitution. For the last 45 years, the people of northern Kenya suffered from marginalisation and under- development. The legacy of the previous Government is that of under-development in all aspects of life in the region that I represent. The main concern of the Government of the day then, was that of security. I want to come to the particular issue of constitutional reforms that this country went through since 1997 that had a bearing on the people of northern Kenya. That is why they must support this document. During the clamour for reforms in the 1990s, Section 2A of the Constitution was repealed. The people of this nation also know that on that same day, Section 127 of the Constitution, on the emergency law, which was in place for so many years and which repressed the people of northern Kenya was replaced. Mr. Deputy Speaker, Sir, to date, in the current Constitution, we have the North Eastern Province and Contentious Districts Regulation of 1966. We still have the Indemnity Act that segregates the people of northern Kenya by ensuring that they do not pursue the issue of the atrocities that were committed against them between 1963 and 1967. That is why I stand here and support this Draft Constitution and more so, the Bill of Rights. To me, the Bill of Rights is one of the best chapters of this Draft Constitution. I call it “the people’s chapter”. No community or region in this country should feel inferior. No members of a community in this country should feel that they are second class citizens. Every person and community in this country has a right to live and enjoy all the fundamental principles. Mr. Deputy Speaker, Sir, I want to quote president Roosevelt of the United States of America (USA) who once said, “No one can make you feel inferior except with your own consent”. It is the people of Kenya, through their consent that they should feel inferior or superior. It should not be in the Constitution. That is why I say to the people of northern Kenya that we are coming from a Constitution that neglected you; a Constitution that made you inferior and second class citizens. It is historical moment for the people of northern Kenya and all Kenyans that we must pass this document that we feel has all the good things. Mr. Deputy Speaker, Sir, I feel honoured to tell my people to support this document because under the current Constitution, the Stock Theft and Produce Act is still in force as far as the people of northern Kenya are concerned. This is an Act that provides collective punishment that the people of northern Kenya have suffered all along. Having said all these, I want to come back to this document. A lot has been said about this document. The Vice-Chairman of the Parliamentary Select Committee on Constitutional Review said it on the Floor of the House on Tuesday---"
}