Entry Instance

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

{
    "id": 33076,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/33076/?format=api",
    "text_counter": 322,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, I wish you could protect me from the far too heavy consultations going on, because this is a very important subject. I would like hon. Members to hear the position we are advancing. The State is required to examine and remove practical obstacles to human rights such as poverty, corruption, police brutality or arbitrary acts by the Government administrations. Indeed, our constitutional provisions on human rights are now more than ever complex and comprehensive. I have heard the wild words of foreign dignitaries, foreign institutions like the United Nations Human Rights Commission (UNHRC) saying clearly that Kenya’s Bill of Rights is now among the most advanced in the world. Mr. Speaker, Sir, these provisions are not casual. They require to be supplemented and reinforced by not only international treaties which impose obligations on the State but also other entities and, particularly, a legal infrastructure in the country whose function and focus is to protect those rights and to establish machinery for supervision where necessary, on national implementation of these obligations. Hence, with pride, my Ministry and the Government presents this proposed statute. In essence, the human rights in our constitutional fabric define and limit the scope of State powers and provide guidance for exercising those powers. They declare national values and express the purpose of our State. In this regard, Article 4 of the Constitution comes early enough for all of us to take notice. In addition, human rights are no longer a matter only of concern or interest to the State. I emphasize that there is an elaborate international and regional system of rights binding all States consisting of international norms and treaties whose implementation is supervised by international and regional committees. Therefore, the sooner we restructure our own committee and commission to be able to meet the challenges, the better. Mr. Speaker, Sir, the sad reality is that although in most cases these international and regional committees, while able to interpret State obligations, are unable to enforce their decision. Therefore, by implication, they have to rely on our own legal infrastructure. As a result, each country, and Kenya particularly, must strengthen its internal mechanisms through specialized organizations and commissions such as we are advancing this afternoon and we will be advancing further in the course of the week. Such specialized bodies supplement the limitations of the judicial protection and enforcement of rights by ensuring that the State honours its international and regional reporting obligations. Indeed, this Bill establishes a human rights commission which must observe and respect all treaties and conventions which have been ratified by Kenya. You will find that in Clause 7(c) of the Bill. The Commission will also act as the principal organ of the State in ensuring compliance with obligations under international and regional treaties and conventions relating to human rights. That is in Clause 8 (f) of the Bill."
}