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{
    "id": 1122028,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1122028/?format=api",
    "text_counter": 161,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "We appreciate that these officers may have all the evidence against this person but it is not their duty as officers, to determine guilt or otherwise. You cannot have it both ways. You can only accuse, but it is upon a competent jury to make a determination and say that the person is either guilty or innocent in that particular situation. Mr. Speaker, Sir, this is not complete though, especially in their proposal for a multi-agency, if you do not involve the Judiciary. The Judiciary is a key player and a key stakeholder in this journey if you want to win this war. We must also have judges come and sit on a particular platform. I do not know what the pragmatics of it will be. In the dispensation of justice, a judge is not supposed to be influenced by any other force outside the matters that are playing out in their courtroom. Perhaps it might be prejudicial to have them sit in this Committee. We need just to even have their perspective. What is it that goes on in the mind of a judge by the time evidence has been presented to them? For example, they have been told, “these are the money transactions between this particular person, and known terror suspects. These are the weapon that they were caught with.” However, we still find, them saying that “the evidence that has been presented before me is not sufficient. I cannot guarantee detention of this person and therefore I let them free”. On many occasions, it would be good for this multi-agency team to sit, so that the evidence can be presented to them, that on many occasions, many of these suspects actually jump bail. Before the time of their second or their next appearance in court, they are either out of the country, have disappeared never to be seen, or even commit certain heinous crimes against these officers. That is what I was pointing out earlier; that these are the things that lead these officers to hunt them. It is actually like a movie scene, where you know, “there is somebody after my neck, therefore the quicker I can get to them---.” Therefore, I understand the importance of having this this multi-agency team that is being proposed, apart the National Commission on Administration of Justice (NCAJ) which, in my understanding, is an oversight institution. It would be good to have the perspective of the judiciary as well and have them form part and parcel of this taskforce. This is so that they can even perhaps challenge the arresting officers and the Directorate of Public Prosecution (DPP), on the evidence before a court of law that would be able to persuade a judge on the need to detain some of these suspects."
}