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{
    "id": 1133641,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1133641/?format=api",
    "text_counter": 753,
    "type": "speech",
    "speaker_name": "Homa Bay Town, ODM",
    "speaker_title": "Hon. Peter Kaluma",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "We may talk about the right to privacy. Our Constitution is very rich. The array of fundamental rights that we have are compared to only a few countries in the world. In fact, human rights are a national value and principle of governance under Article 10. Look at what the Constitution also does. Article 24 of the Constitution provides for limitation of rights and fundamental freedoms, and very stringent conditions are there. I will go into it, but remember, a short while ago, we dealt with the Narcotic Drugs and Cytotropic Substances (Amendment) Bill. We made provisions there allowing interception of communication which on the face of it would be a violation to the right of privacy. What had we to do? Look at the provisions we put there. We ensured that those limitations to the right of privacy had to be in full accord with prescriptions under Article 24 of the Constitution. I request my learned colleagues, we may say lawyers are being attacked, how can you help the House? Look at those provisions bringing lawyers as reporting agents and ensure, because it is a limitation of rights, it accords us with strictures of Article 24. I am answering this then I go to the meat of the matter. In Article 250 of the Constitution, four sets of rights are incapable of limitation. Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited. I can tell you they do not include privacy on these ones you are talking about. If you look at Article 24(5), privacy is the first one they are telling you will be necessarily limited for police officers, KDF among others. These rights are freedom from torture, cruel inhuman or degrading treatment or punishment. That is inviolable. You cannot limit it. You know the amendment that freedom of slavery servitude is under in USA; and what our ancestors who were taken there went through, being thrown at times in the Atlantic Ocean, having things you cannot eat for eternity in your mouth, and you will be a slave. That cannot be restricted or limited. Where is Hon. Duale? The right to fair trial incapable of limitation. He is shouting “right to fair trial”, but he does not connect it to a single provision of this Bill which is either unconstitutional or cannot be amended to be unconstitutional. The last is the right to an order of pious copious. When you disappear with Mr. Miguna, even if you do not like him, I will go to court and we will ask you to produce his body whether alive or not. I want to say this as the person who argued the bail application of Mr. Miguna before Judge Wakiaga. I paid his bail money from my own pocket. He calls me a juvenile despot, but he has not refunded my money. However, that is a right that is inviolable. We have to make choices. We must reach a level as Parliament where a matter can be debated on the merits and a decision made. I am confirming to you that instead of addressing us on privacy, discrimination which do not arise by my explanations, you are now told there is something called advocate-client confidentiality. Under which provisions of the Constitution is it provided for? So, when you are raising a constitutional issue, tie it. I studied professional ethics and trial advocacy at the Kenya School of Law."
}