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{
    "id": 307282,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/307282/?format=api",
    "text_counter": 325,
    "type": "speech",
    "speaker_name": "Mrs. Odhiambo-Mabona",
    "speaker_title": "",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "Madam Temporary Deputy Speaker, Sir, I thank the hon. Member for giving me that valuable information. The issue I was talking to in relation to limitations can be found in Clauses 33, 34, 35, and 36. Because of lack of time I will not go into them. However, you will see that one of the wide powers that we have given this body is to search your home and to do a whole host of things – all of them on the broad terminology of “in the public interest and freedom of expression.” This one reminds me of the days when you wanted to read certain things, you would have to hide in the toilet and hope that nobody sees you. So, for me, first of all, they do not meet the threshold of Article 24(2) of the Constitution on limitations. Also they are retrogressive and we must rework them. Under Clause 38, we are talking about regulations that should be done by the Cabinet Secretary. Because of the importance of these regulations, if done by the Cabinet Secretary, they must be approved by Parliament and if not, then it is Parliament that should do them. Even where the body is allowed to undertake searches, they must have a warrant. It is a practice that is done worldwide in other countries. They must get a warrant. The warrant, as hon. Martha Karua said, you can even do it at night. You can do it in camera and you can also do it under Certificate of Urgency so that you do not give people a warning that you are going to undertake searches. I would also like to speak to the issue of Clause 52(4) which gives definitions of certain things, for example, what “cruel” and “torture” means. “Torture “means any act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person for the purpose of---” It goes on to say: “When such pain or suffering is inflicted by or at the instigation of or with consent of a public official or other person acting in an"
}