Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 307172,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/307172/?format=api",
    "text_counter": 215,
    "type": "speech",
    "speaker_name": "Mr. M.M. Ali",
    "speaker_title": "",
    "speaker": {
        "id": 74,
        "legal_name": "Ali Mohamud Mohamed",
        "slug": "ali-mohamud-mohamed"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I stand to support this Bill, but I have got several areas that I would like to propose to this House that we look into very seriously so that as we support the NSIS we do not undermine the Constitution. Our territorial integrity is supreme and we must protect our territories at all costs. However, in so doing, we must make sure that we do not infringe on the rights that have been provided by the Constitution, for example, the Bill of Rights. If this Bill is passed in the present form, there are many clauses that contradict the said Bill of Rights which has been granted in the Constitution. There are, indeed, very glaring contradictions in this Bill. For example, Clauses 31 to 42 limit the rights to privacy and so forth which have all been provided for in the Constitution. The Bill proposes that individuals’ houses can be searched, instruments can be installed and communication can be monitored. Yes, we said that we have to track down the criminals, but we have to do it in a more civilized manner rather than going into everybody’s house without prior information and installing gadgets. I think that is not proper and so we need to look at some of these things to ensure that we pass something which this nation will be proud of. It should not be just because we have suffered in the hands of terrorists and there are looming dangers. We cannot just pass anything simply because we have been terrorized. There are some clauses which provide immunity to the service, but I think that borders on impunity. For example, Clause 78(2) insulates the service from normal accountability that is required of other such office holders. It goes ahead to say that the service is not accountable to a body such as Parliament or commissions of inquiry that are set up. Parliament has powers to impeach a sitting President. So, when we say that this service is not answerable to Parliament, then I do not know what we are talking about. That is in Clause 78(2). There are some clauses which if passed in the form they are, again, they are dangerous and they will lead to censoring and, in fact, gagging the media whereby it is prohibited for people to access some information. Kenyan has achieved a level of democracy where freedom is guaranteed. We go about our businesses in a legal manner which is not contradictory to the Constitution, but when we end up passing such stringent conditions in such an important service, this could be misused. Our media is very vibrant and informative to the nation. When we say that they should not hold some information or seek to gather some information, that amounts to gagging it and we should guard against that. I think we must be vigilant on that one."
}