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{
    "id": 295817,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/295817/?format=api",
    "text_counter": 621,
    "type": "speech",
    "speaker_name": "Mr. Linturi",
    "speaker_title": "",
    "speaker": {
        "id": 69,
        "legal_name": "Franklin Mithika Linturi",
        "slug": "franklin-linturi"
    },
    "content": "s. 87 Delete all the words appearing after the word “discharged” in paragraph (a) and substitute therefor the words “and any further or other proceedings against the person on account of the same facts may only be instituted within six months following the discharge”. Madam Temporary Deputy Chairlady, the amendments are on page 3668 of the Order Paper. Madam Temporary Deputy Chairlady, why I am proposing this amendment is to align this particular Act to the Constitution because Article 50 of the Constitution makes it a right of every Kenyan citizen charged in a court of law to have a trial commence and concluded within very reasonable time. At the same time, Article 47 of the Constitution makes it a right of every person that is subject to have administrative action that is expeditious, efficient, lawful and within reasonable time. Madam Temporary Deputy Chairlady, when suspects are released under Section 87(a) I want to make it clear that the prosecution has to provide evidence within, at least, six months just in case they have any fresh evidence that warrants the proceeding of that particular suspect being in court. In the event that they do not bring in the fresh evidence, then this particular suspect should remain discharged because suspects have been having cases hanging on top of their heads for years and it is traumatizing without the prosecution really taking this matter seriously."
}