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"id": 287536,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/287536/?format=api",
"text_counter": 360,
"type": "speech",
"speaker_name": "Mr. Keynan",
"speaker_title": "",
"speaker": {
"id": 41,
"legal_name": "Adan Wehliye Keynan",
"slug": "adan-keynan"
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"content": "Therefore, as much as it is painful, this is why one is assumed to be innocent until the court decides otherwise. If our police forces or those who are in charge of this give themselves the power to arrest, detain and deport you illegally, then is there any need of having a judiciary? Is there any need of having a third arm of Government which is clearly interested in adjudication of cases, be it criminal, civil or otherwise? It is because of this that when we looked at this--- Our observation is that, indeed, what the Government did clearly contravened the Constitution and two Judges, namely; Justice Warsame and Justice Joseph Muchelule, declared the actions by the Government as clearly unconstitutional and, therefore, asked the Government to have those Kenyans returned and tried here. Shockingly to date the Government again has remained contemptuous of the court decisions and most of those Kenyans still languish in prisons in Uganda. Madam Temporary Deputy Speaker, though we are in the East African Community and IGAD together, the framework of the constitutional applications and implementation in Uganda and Kenya are fundamentally different. Therefore, this is why it is fair that until we have a thorough and comprehensive political, economic, diplomatic, judicial integration at the level of the East African Community, the rights of Kenyans in respective States must be respected so that we do not take away the fundamental rights of individual citizens of each of the member States of the East African Community. Madam Temporary Deputy Speaker, rendition also contravenes the fundamental rights of an individual. These individuals have families and relatives and are Kenyans. When you are just arrested and bundled and taken to a foreign country where you will not have access to justice and where your relatives and other friends will suffer even in the process of visiting you, then what are we saying? Are we respecting the fundamental rights and the liberties of these particular individuals? Is that not a clear contravention of the generous fundamental rights clearly enshrined in the current Constitution and even in the old Constitution? The matter of rendition of Kenyans to foreign countries and in particular to Uganda has been forwarded to the East African court. There are quite a number of individuals where even both the lawyers and families have been arrested even on the premise that they visited criminals. If the lawyers are arrested--- You know what happened to lawyer Mbugua when he visited Al Amin Kimathi. Where is justice? Where is the rule of law? Are we going to throw away the rights of Kenyans simply because one is suspected? Does the mere fact that one is a suspect take away the fundamental rights of an individual? These are issues that the courts have adjudicated and made decisions on, but the courts’ decisions have not been respected. Madam Temporary Deputy Speaker, shockingly again, one of the things that we learnt is that there was no clear or common Government position. The Attorney-General would say one thing and the Minister of State for Provincial Administration and Internal Security would say another thing. The Minister for Justice, National Cohesion and Constitutional Affairs would say something else. The police would also say something else. Where is the clear or common Government position as far as this particular issue is concerned? Again, that was an issue of great concern to the Committee. On the fundamental rights of the individual, an individual is innocent until proven guilty. By the mere fact that those individuals were arrested, bundled into a car and taken to a neighboring country, it is clear that they were affected. It is a reality that there is a real threat of terrorism and fundamentalism. But this is an issue that must be addressed in totality. We cannot apportion blame to a particular group and simply say that because your name is Shebesh, Mohammed or Kinuthia then, indeed, you are a terrorist. No! We need to address the real causes. What is forcing our youth, whether they are called Mbuthia, Kamau or Mohammed, to join Mungiki? What is forcing them to join the Mombasa Republican Council? What is forcing them to join radicalism? Is it not high time that this Government addresses the root causes? The causes are there. They are inequality, lack of jobs, unemployment and corruption. These are the challenges that you must address. You cannot just say that, as leaders, we are there and that we will deal with the MRC. You must address their grievances. What is forcing them to join that group? What is causing radicalism in that region? What is forcing our youth to join Mungiki? What is forcing them to join other radical elements? These are the issues that we must address, as leaders, instead of just dealing with the symptoms. The symptoms are what we are seeing. They are crime, unemployment and radicalism. But what are the causes? The causes must be addressed. That is why I agreed with those who suggested that these groups must be engaged. These are Kenyans but they must also subscribe to the territorial integrity, the sovereignty and the will of the people of Kenya. Therefore, when they negotiate or raise some of their concerns, they must raise them under the auspices of our flag and national anthem. We will not negotiate with any group that purports to support any secessionist intention on the republic of Kenya because the territorial integrity and existence of the republic of Kenya as clearly enshrined when we got our Independence and when we got together as a nation State must be respected at all times. That is why I want to urge the Government to engage these people within the confines of our territorial integrity; within the confines of our independent jurisdiction and within the confines of our flag. Therefore, anything outside that will be unconstitutional and to some extent seditious, although in our laws, again, that has been delegated to somebody else. Madam Temporary Deputy Speaker, if our courts have made a declaration, who is to follow the declaration? How is our Judiciary going to be respected if the very institutions that are expected to enforce the rule of law are not going to follow the decision of our courts? This is why those who fail to execute the orders, the rulings by Justice Muchelule and Justice Warsame, must be held accountable. This is the only thing that can save the people of Kenya. The rule of law is a critical component to the existence of the Republic of Kenya. Constitutionalism and the rule of law are not issues that can just be cooked in a pot. These are issues that we must nurture as a group and as a nation. We must be prepared to live by this. It is very expensive. Try other things. In all the countries that have plunged into social, political and economic upheavals, one of the contributing factors is the lack of the rule of law, or lack of adherence to the rule of law. Is this where we want to place Kenya? Do you want to project Kenya as a failed nation? The attributes of a failed nation is one where there is no rule of law, there is no clear institutional separation and individuals live by their will. Living by their will means somebody will come and do anything to Madam Temporary Deputy Speaker or to so and so. The reason why we have fought jealously over the years to domesticate the rule of law through our Constitution and other statutes and legislations is because we want to enjoy the freedom, and liberty of being governed through the rule of law, and not by any other means. Madam Temporary Deputy Speaker, while not vouching for the innocence of these individuals, none of us can--- Even the Committee Members did not make any attempts to vouch for the innocence of these individuals. We also did not want to vouch for the guilt of these individuals. The only thing that we were saying is, can they be subjected to the rule of law? Can they be tried under the existing legal mechanisms? Can they be given a fair hearing? Can they be allowed free access to lawyers or legal counsel? These are the issues we must address. We know at times there are challenges and I empathize with our security apparatus. I empathize and sympathize with them in the execution of their day to day activities. We must respect the good work they have done. However, that does not, again, take us to a country which is governed through the law of the jungle or a country that has no institutional mechanisms. These are issues we have done away with. Madam Temporary Deputy Speaker, you know the history of this country. There are individuals who have been detained simply because of thinking outside the box and being creative outside the political class of the day. Is this where we want to go back to? These might be lesser beings or ordinary Kenyans; what we do not want to happen to a senior Kenyan, we must not also allow it to happen to any other Kenyan regardless of the social, economic, political, religious or any other form of diversity. These are the issues that we have clearly said “no” to when we deleted sections of the old Constitution to make sure no Kenyan was either going to be detained or jailed for thinking outside the box. “Outside the box” means thinking outside the parameters defined by the political class of the day. These are the realities. We have invested in knowledge and this is why quite a number of Kenyans have been detained. We fought hard in the second liberation to make sure Kenya became a multi-party State. I want to salute the many Kenyans who participated in the fight for multipartism. One of the groups or some of the groups which were used in historical stereotypes--- In the old days we used to hear of a Somali bandit. I do not know whether you have heard of a Kikuyu bandit or a Luo bandit or a Kalenjin bandit. Whenever an issue of terrorism or militarism occurs somewhere, the first thing we say is that this must be a Muslim or this must be a Somali or this must be so and so. No! The benchmark has changed. Radicalism cuts across. Out of these 16 names only two are of ethnic Somalis. How many Kenyans will believe me? What I am saying is radicalism is not the preserve of any particular community. This is something that cuts across, and we must address it; it is something that is there. It is something that is real and, therefore, we must seek a comprehensive solution to this menace if we want to have a brighter future. Madam Temporary Deputy Speaker, as a result of these issues, some of the overzealous institutions have resorted to ethnic profiling and victimization. Some of the individuals involved have lost their business. Over the years, we have attempted to project Kenya as a business haven. We have attempted to project Kenya as an investment destination. If you are already victimized or profiled simply because of your name and background that is unconstitutional and does not reflect the spirit of the new Republic. It does form part of our constitutional framework to have a free and democratic country governed by the rule of law. Therefore, I want our leadership, and in particular the different components of the Kenyan society, to psyche themselves that we are governed by a new constitutional dispensation. This is the reality. We need to shed off those aspects of the old Constitution that we thought would allow you to do anything to a Kenyan citizen. The rule of law is a cardinal principle clearly enshrined in the current Constitution and we must live by it. Madam Temporary Deputy Speaker, it is as a result of this that I want to appreciate that Kenya, as a premier nation, is an important country that has challenges. We have challenges of insecurity, securing our long and porous border, negative ethnicity and everyday politicking. The issue of radicalization of the youth must play a fundamental role in the policy formulation of the different parties. Until we do this, the youth of this country will just remain a voting tool to be sought after whenever elections come. I want to ask the youth of Kenya today not to allow themselves to be used as a political decoy or political rubber stamp. I also ask the leadership of different parties what they have done for the youth in terms of policy formulation and the youth rights, education, job creation, eradiation of corruption and eradicating or minimizing negative ethnicity. Madam Temporary Deputy Speaker, today, my daughter does not know the tribe she comes from. My son does not know the tribe he comes from. Her tribe is her school mates. But the individuals who are ready to introduce them to negative ethnicity are other people. They will be told this is where you belong. This is the bit that we need to discourage completely and have a Kenya of one tribe. One of the reasons why we have Kenya as a nation is because the colonialists, after the Berlin Conference of 1884, decided to temporarily do away with the then existing community boundaries. Therefore, we must accept Kenya and its diversity. We must accept Kenya with its internationally recognized borders. These are the issues that are going to give us solace. These are the issues that are going to assist Kenyans. Therefore, the leadership must, in its actions, manifesto and creative imagination, accept Kenya as one tribe. We have a common flag, the same internationally recognized borders; our sports men and women have done great things; we use the same currency and, therefore, the same Constitution is above anything else. Those who want to cluster Kenya into different ethnic cocoons must be rejected, whether we are campaigning or in other seasons. As leaders of this country we must declare that these are the individuals who are encouraging the balkanisation of Kenya, radicalization of the youth and encouragement of negative ethnicity. These are the realities that we must talk about."
}