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"id": 1122435,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1122435/?format=api",
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"type": "speech",
"speaker_name": "Ndaragwa, JP",
"speaker_title": "Hon. Jeremiah Kioni",
"speaker": {
"id": 49,
"legal_name": "Jeremiah Ngayu Kioni",
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"content": "rights, and receiving and investigating complaints about alleged abuse of human rights. The Act, however, excludes from the functions of KNHRC the duty to receive and investigate complains about alleged abuses of human rights relating to the valuation of the principle of equality and freedom from discrimination. I hope Members will note that distinction. Let me repeat that, that excludes from the functions of the KNHRC the duty to receive and investigate complaints about alleged abuses of human rights relating to violation of the principle of equality and freedom from discrimination, which are vested with the NGEC. The Act also bars the KNHRC from reporting on compliance with obligations under international and regional treaties and conventions relating to the rights of special interest groups, including women, children, persons with disability and marginalised groups on rights relating to equality and non-discrimination. The Act bars the KNHRC from handling issues I have mentioned that relate to special interest groups. It is reporting on the international and regional treaties on their rights and especially on issues of equality and non-discrimination. However, Chapter 4 of our Constitution on the Bill of Rights protects various rights and fundamental freedoms which are an entitlement of each individual, including but not limited to the right of life, equality and freedom from discrimination, human dignity, freedom and security of the person and the right to a fair trial. These rights apply to all persons regardless of age, gender, social status and other divisions. The rights and fundamental freedom listed in Chapter 4 of the Constitution are indivisible, interrelated and interdependent. All human rights support and complement one another towards a dignified life for all people. Non-discrimination and equality contained in Article 27 of the Constitution are core pillars of human rights, and there can be no human rights if one excludes the right to equality and non-discrimination. The exclusion of certain category of human rights and freedoms from the mandate of the KNHRC, therefore, results to any Kenyan who has grievances concerning human rights abuses being referred across different institutions for matters that could be dealt with by one institution. The fact that these human rights have been split between two institutions confuses Kenyans because they will have to run to different institutions from time to time when they have human rights issues that need to be addressed. There is no marked or diametrical differences in functions between the two institutions. This results in duplication and overlap of functions and duplication of expertise to address similar issues and, of course, a burden to the taxpayer in this country. However, with the establishment of the three commissions under Article 59 of the Constitution, the Committee observed that the human rights agenda has been fragmented, which is giving poor Kenyans unnecessary challenges in accessing justice. It brings confusion as one does not know where to take which complaint. A Kenyan with a grievance on human rights violation is required to report to different institutions regarding one incident of violation of human rights, namely, the KNCHR, the NGEC and also CAJ. One case that we can use as an example is a case that was reported by the media and which was well covered. I hope I will get it without wasting much time. This was a case where Somalis were put together at Kasarani Stadium sometime back in 2014. Thousands of Kenyan Somalis were rounded up by the police and detained at the Kasarani Stadium. They complained to the KNCHR of various violations, including torture, rape and discrimination, but the KNCHR had to again say: “This particular aspect of violation does not relate to us. You will need to call in NGEC or the CAJ.” That confusion, of course, made it difficult for the Kenyans to receive the necessary redress to their issues and due to the limitations in the Kenya human rights statutes on the roles of the NGEC and even the CAJ to address the grievances, eventually it ended up being another form of discrimination or unnecessary torture to the Kenyans because they have to talk to many officers on the same issues. The officers must keep 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."
}