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{
    "id": 249757,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249757/?format=api",
    "text_counter": 413,
    "type": "speech",
    "speaker_name": "Ms. Ndung'u",
    "speaker_title": "",
    "speaker": {
        "id": 361,
        "legal_name": "Susanna Njoki Ndung'u",
        "slug": "njoki-ndungu"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, I am supporting this amendment. When we passed the Kenya Anti-Corruption Act in 2003, we wanted KACC to have the ability to investigate and follow suspects. But the one thing that we did not want KACC to do was, one, to flout the Constitution and, two, to abuse the powers that we gave to it. Mr. Temporary Deputy Chairman, Sir, under the Sexual Offences Act, for example, we have provided for DNA testing, so that we can take a sample from a suspect to compare it with the evidence that we have, so that we can prove that, that is the person who raped that person. But we do not take a sample and turn that sample into evidence. That is what is happening. KACC has been using this particular Section to say: \"We suspect that you have corruptly bought a house! Can you, please, show us that House?\" That is the problem. We want KACC to do its job. Go, get the evidence and then tell somebody: \"We have evidence on you, and we want evidence X, Y, Z.\" They have misused that power. Mr. Temporary Deputy Chairman, Sir, I am so sorry that, even as the constitutional lawyer, that they have been incorrect! The Constitution is clear that no one can self-incriminate herself or himself. Suspects are not supposed to incriminate themselves in any way. That is why in a police station, you are first cautioned. You are told: \"Anything that you say may be held against you!\" That way, you know what you say may be held against you. What KACC is saying is: \"We are forcing you to say what we can hold against you!\" That is unconstitutional and I must support the 3910 PARLIAMENTARY DEBATES September 12, 2007 amendment! With those few remarks, I beg to support the amendment."
}