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{
    "id": 309276,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/309276/?format=api",
    "text_counter": 431,
    "type": "speech",
    "speaker_name": "Mr. Keynan",
    "speaker_title": "",
    "speaker": {
        "id": 41,
        "legal_name": "Adan Wehliye Keynan",
        "slug": "adan-keynan"
    },
    "content": "So, what our amendment intended to cure was this open ended approach. We wanted it to be in conformity with other sub-sections like Section 43. The way it is put here is that the entity can do anything to anybody without going through the due process of the court as clearly enshrined in Sections 43, 44 and 46. Therefore, if you read this along with other sections, you will realize that the whole of this section is not applicable. We said that Section 37(1)(a) might be possible, but parts (a) and (b) are very subjective; we also amended part (c) by putting “subject to Section 43”, which I want to ask the hon. Members to read. Section 43 provides for procedures for warrant of arrest. Section 44 also provides for the judicial process before any action is taken. Again, what we wanted to determine in this amendment is that this particular section must only be limited to suspects and not to every ordinary Kenyan. Those are individuals who have been identified as criminals. Therefore, the information on these individuals would have been presented to a court of law, to a judge, and not a subordinate court. The judge will have satisfied himself or herself that, indeed, what is before the court is fair and, therefore, warrants the issue of a warrant. If this process is not followed, it will mean that we will be going back to the era of the Special Branch when everybody was a suspect; anybody could come and pick up your wife or your girlfriend just because you had dinner or lunch with her. If you look at the information relating to that person’s family or private affairs may be required. This is too broad because of extended families. So, we felt that this must be specific and in compliance with the section provided for. The import of this was to make sure that it was in harmony with other sections as already provided for by the clauses of the Bill."
}