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"speaker_name": "Mr. Wamalwa",
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"legal_name": "Eugene Ludovic Wamalwa",
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"content": "Mr. Temporary Deputy Speaker, Sir, I also wish to support the Bill. I am very glad that we will now have a Commission in place to whom members of the public can go and receive and refer civilian complaints; the Independent Policing Oversight Authority. It has been very difficult for members of the public to launch complaints to the police about the police. Now with this Commission, it will be possible to have a body that will be receiving information from the civilians. However, when you look at Clause 24(2) it is provided that:- “A person shall not, in any proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place in the Commission”. Mr. Temporary Deputy Speaker, Sir, this seems to be imposing a limitation, which would run contrary to Article 35 of the Constitution, which provides for access to information, and it is unlimited. So, this is an area which the Minister will need to look at. We might need to propose an amendment to delete Sub-clause (2) of Clause 24 because it goes contrary to the Constitution. To that extent, it will be unconstitutional. I would also, as a victim of police violence, be very glad that this particular Commission will be charged with the responsibility of upholding professionalism to the highest standard possible in the Police Force, and ensuring that the Police Force will be able to uphold the dignity of all human beings and human rights. Mr. Temporary Deputy Speaker, I campaigned for this Constitution, along with hon. James Orengo, who was at the time telling Kenyans that once we have this Constitution, police officers would be re-trained and uphold human rights as provided in the Constitution. However, when I went to Kamkunji grounds to hold a rally, what I met there was astonishing. The manner in which I was mishandled by the police told me that this country had not changed. Through this legislation, we hope that the Commission we are creating will take steps to ensure that police officers are properly trained to ensure that human rights are upheld and that we have, not a police force, but a National Police Service that will respect the rights of all Kenyans. With those few remarks, I beg to support."
}