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{
    "id": 1369819,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1369819/?format=api",
    "text_counter": 288,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samuel Chepkong’a",
    "speaker": null,
    "content": " Hon. Temporary Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2023, laid on the Table of the House on Tuesday, 5th December 2023 and, pursuant to the provisions of section 36A(2) of the Prevention of Terrorism Act, 2012, approves the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2023 published as Legal Notice No. 152 of 2023. The general import of these regulations is that our country is a member of the United Nations (UN). Under it, we have the United Nations Security Council, which is charged with the responsibility of ensuring that it prevents acts of terrorism that may happen anywhere within the globe. It passed a resolution on how to curtail the activities of terrorists across the globe. Under Article 2 of the Constitution, any treaty or Convention that is ratified by Kenya shall form part of the law. Kenya ratified this Convention on terrorism. These regulations have been brought to this House to domesticate the resolutions of the UN Security Council. Regulation No.4 requires Kenya’s mission to the UN to forward any resolutions of the Security Council to the Ministry of Foreign and Diaspora Affairs without delay. The purpose is to ensure that those decisions of the Security Council, of which Kenya is a member, are domesticated. The general import of these regulations is to ensure that people who are suspected to be assisting terrorists to commit terrorist acts, including financing, are designated and sanctioned by countries. We seek to eliminate people who want to cause mayhem or chaos across the globe. These regulations establish a committee under the Ministry of Interior and National Administration, which receives information from the UN. Once it receives it, it designates a person to be a suspect, and he goes through the due process. It is then domesticated into our process. Article 47 of the Constitution requires that there must be fair administrative action. Pursuant to that particular Article, as a House, we passed the Fair Administrative Action Act. Notwithstanding that the person has been designated by the UN Security Council, this Committee must ensure that we comply with our domestic laws, including the Constitution. Once this Committee receives the information, it conducts due process to satisfy that it is true that such a person has been properly designated as someone who has been assisting terrorist activities across the globe. Once the Committee designates such a person, it then identifies the assets. The regulations provide the process of identifying and freezing them. That Committee is also charged with the responsibility of conducting hearings from those persons who are being designated. If you are designated unfairly, you can appear before that Committee and defend yourself. These Regulations provide for the procedure in which you can seek to be removed as a designated person. You can also apply to the United Nations Security Council to seek removal of the same. It has elaborate procedures for conducting fair hearing proceedings to ensure that people are not unnecessarily designated as terrorists without any cause or reason. There are about 33 Regulations. They establish the Committee. The Committee considered all these Regulations and was satisfied that they were made pursuant to Article 41 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"
}