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"id": 249754,
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"speaker_name": "Mr. Marende",
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"speaker": {
"id": 289,
"legal_name": "Kenneth Otiato Marende",
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"content": "Mr. Temporary Deputy Chairman, Sir, on behalf of the Departmental Committee on Administration of Justice and Legal Affairs, I beg to move:- THAT, the provisions relating to the Anti-Corruption and Economic Crimes Act be amended- (g) by inserting the following new amendments in proper numerical sequence- s. 26, s. 27, s. 28 delete. The basis of the proposal for deletion of those sections is that, first, those provisions contravene the rights of a suspect as are known in law. So, that if compliance with those provisions results in the suspect, or an accused person, being subjected to a situation where he loses all his constitutional rights and legal rights as are known in law, namely, among others, the right to silence, the right not to self-incriminate and the right of presumption of innocence. Indeed, in criminal law and practice, it is trite that a principle known as the \"judge's rules\" apply. These confer on a suspect a right to remain silent, among other things, the right to also not disclose information under any compulsion. Indeed, in other jurisdictions, such as South Africa where these provisions are in the statute, there are further provisions that bar the use of that information in evidence. To the contrary, our Act says that any such information may be used in prosecution as evidence. The Commission can still independently investigate information where there is suspicion of any person without these provisions being in the statutes. The Court of Appeal has said so. Among other things, the Kenyan Court of Appeal, which is the highest court in the land, has had these very wise words to say:- \"So that we must be conscious that as we legislate, we are legislating for September 12, 2007 PARLIAMENTARY DEBATES 3909 persons who may be suspects. We are also legislating for situations where posterity will be concerned. We are also legislating for situations where we, ourselves, may be suspects\". The Court of Appeal further says, and watch these prophetic words: \"Occasionally, those who have been mighty and powerful are the ones who run to seek the protection of the courts when circumstances have changed\". Indeed, circumstances may change; so, we must uphold the sanctity of the law; we must uphold presumption of innocence and we must uphold the right to remain silent. With those few words, I beg to move."
}