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"speaker_name": "Sen. (Eng.) Hargura",
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"content": "the confines of law, but goes ahead and commits this kind of crime against its own people. Currently, in this country the people who are facing the brunt of extra judicial killings and enforced disappearances are Muslims. If you look at the figures and ask these organisations to break down the numbers, you will find that over 80 per cent will be Muslims. If you check the history of this country, it has not been Muslims always. In the 1980s it was Kenyans from different backgrounds who were agitating for democratic space. The mwakenya issues of the 1980s where the dreaded special branch were practising these kinds of crimes against Kenyans. This is not lost on us. After that it was the Mungiki, a particular group of youth who were dissatisfied with the social situation they were in and the state had to use force against them also. This kind of terror perpetrated by the State against its own citizens is not acceptable. That is why we enacted Article 26(3) of our Constitution which states- “A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.” We were alive to this and that is why we enacted this Article. However, the way things are going, you will find that the Government is still using shortcuts. In the war against terror, you will find that lately, it has been the youth who it has claimed are radicalised to join Al-Shabab. We are now hearing it is the Islamic State of Iraq and Syria (ISIS). Scholars have also borne the brunt of this kind of abuse where they have been killed especially in the coast. In the last two months, it is moving to secular scholars who are caught. One of the scholars was picked from the streets of Nairobi in broad day light and he disappeared for 12 days. This is Abdiwahab Sheikh Abdisamad, who is the Executive Director of HORN International Institute of Strategic studies. This is a secular institution. Somebody who is a director of that kind of institution is picked, undergoes enforced disappearance and when he appears, from their body language and how they act, you see they have undergone a lot of terror and do not want to speak. It is perpetuated by the state agencies. Recently, the other one was of Prof. Hassan Nandwa, a lawyer whose crime was representing a criminal. I believe that is what lawyers do. Is it now a crime to practice your profession as lawyer? I do not know how we will live in this country. Next time it will be a crime where you are picked because you are a Senator and spoke in the Senate. The direction we are taking now, even the assumed cases of terrorism, we are now moving to silencing individuals who are practicing their own legal profession like lawyers. Lawyers are supposed to represent all kinds of individuals whatever crime someone has committed because the law gives you the right to defend yourself and the accuser needs to prove the case they have against you. What these Government officials are practicing is outside the law and they need to stop. This is why the Committee has come up with this report, which is detailed. I hope the various state actors in this matrix will take up the responsibilities. I hope the Committee, when it engages these state actors, and once this report is adopted by the House, then they have to do a follow up. They have to write to these state actors and"
}