HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 211181,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/211181/?format=api",
"text_counter": 251,
"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
"slug": "martha-karua"
},
"content": " Mr. Deputy Speaker, Sir, I begin by saying that things that are of fundamental nature need to be referred to the people. We need to be sensitive about people's feelings. During the Bomas Conference, my Ministry presented a strong case for the abolition of the death penalty. But the delegates gathered there on behalf of Kenyans and rejected the proposal. This is an emotive matter. I think it would be wrong for Parliament to be insensitive to the mood out there. There are issues of security. The people of Kenya should be sensitised even though some of us believe that the death penalty should be abolished. Our first duty is to sensitise Kenyans and carry them with us. Otherwise, on whose behalf can we say this time that we will be passing this Motion? Mr. Deputy Speaker, Sir, in many countries where the death penalty has been abolished, a referendum was held so that the people of those countries could accept the penalty. In the United States of America (USA), many states which had outlawed executions have now restored them. This is an issue where there is divided public opinion in many countries. I want to clear the air, a death penalty is not illegal. It is not unconstitutional in Kenya. Section 71(1) of our Constitution allows for a person to be deprived of his life in the execution of a sentence of a court of law in respect of a criminal offence under the Laws of Kenya. We know that our Penal Code has several offences which result in the death penalty such as capital robbery, treason and allied offences. Mr. Deputy Speaker, Sir, I want to take Parliament down memory lane. In 1972, when August 1, 2007 PARLIAMENTARY DEBATES 2897 capital robbery was introduced, the founding President went round the country campaigning on the issue before the Bill was introduced in this Parliament. It means that right at the beginning, this Parliament and the leadership of the country were conscious that there are certain things you cannot do without carrying the public with you. I would urge those who believe in the abolition of the death penalty--- Let us go out there, sensitise the public and let us come back for a Motion like this one. Otherwise it would be totally insensitive. It would be taking advantage of being placed here by passing something that we are fully aware that the public does not go along with. Mr. Deputy Speaker, Sir, the Kenya National Commission on Human Rights (KNCHR), which is a Government agency, is currently creating awareness and facilitating stakeholder consultations on this very issue. Let us give time for Kenyans to dialogue on the issue and also on other issues of security and to see where, as Kenyans, we want to live. The Motion is coming at a time when there has been a spate of increased insecurity and heinous crimes committed against the people of Kenya. It would be the wrong time to do it. Mr. Deputy Speaker, Sir, I also want to say that the Government does not respond to pressure from either lobby groups or outsiders, without considering what the public mood is. The Government must be sensitive to what the people of Kenya say. We can only find out that since we are embarking on a comprehensive review of the Constitution after the general elections. Kenyans will have ample time to dialogue on the matter and agree. I would beg my good friend, Mr. Ahenda, not to even bother letting us go to the vote. He should voluntarily withdraw this Motion so that, at an appropriate time, we can come back to the issue. We know where he is coming from. He is looking at the international human rights law regime. But even the international lobbyist that are spearheading this, have not managed to abolish it in some of their own countries. I have already said that there are so many states in USA that have now re-instated that law and they are still executing offenders. At least, in Kenya, we have had a moratorium. We need to come up with a definite policy of what we need to do after broad stakeholders consultations. Mr. Deputy Speaker, Sir, with those few remarks, I beg to oppose."
}