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{
    "id": 1265667,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1265667/?format=api",
    "text_counter": 222,
    "type": "speech",
    "speaker_name": "Kacheliba, KUP",
    "speaker_title": "Hon. Titus Lotee",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker. I thank Hon. Gikaria for pushing for this Bill. The Constitution of Kenya is the supreme law in this country. It supersedes everything. If you have ever been arrested by the police, they know more of the Penal Code than anything in the Constitution. I would like to refer to Article 21 of the Constitution. This is the supreme law that we need to look at before looking at anything else. Section 182 of the Penal Code has been misused by the police several times. Many people were driven to poverty because of the enactment, or mis-enactment, of Section 182 of the Penal Code. I think about the person struggling in the society. The President has said he wants to elevate the livelihoods of mama mboga and boda boda riders and matatu operators. They are the people targeted most of the time by the police because of Section 182 of the Penal Code. I would like to read Article 21 of the Constitution so that it can enlighten us about the Bill of Rights as we seek to delete Section 182 of the Penal Code. Article 21 of the Constitution states that: “1. It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. 2. The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under Article 43. 3. All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities. 4. The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms.” The people mentioned in Article 21(3) above are the same people being targeted by the police through Section 182 of the Penal Code. If you want to improve the livelihoods of these people, as enshrined in the Constitution, we need to delete this part of the Penal Code that is being misused. In Kacheliba Constituency, many people who have reformed from banditry or those that never went to school have gone into boda boda business or livestock trading, but the police are driving them back to banditry by arresting them on very petty matters. They are told that their motorcycles are noisy or that they are disorderly because they do not have a parking space. They are told that the livestock they are taking to the market are suspected stolen property. These are people trying to make a living and contribute to taxes in this country. This section of the Penal Code that the police sing about is being misused. I ask this House to consider deleting it completely. When the police arrest these people, while the Penal Code suggests a penalty of Ksh100, the police also impose penalties of Ksh5,000 or Ksh20,000 on people that have nothing. They add salt to injury by taking this country to the dungeons. This 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."
}