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    "id": 33158,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/33158/?format=api",
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    "content": "States of America (USA) where we visited a few weeks ago, we were able to visit several states. In those states, there were established human rights commissions which received complaints of one nature or the other. Those commissions had a role to play in mediation. It was quite obvious that before the commission did what it could have done to confront a particular abuse, an attempt was made to do some mediation. Whoever was complaining would be satisfied even before the matter goes to full hearing. I think that is needed as an effort to make sure that those who complain are satisfied at a fairly very early stage of their complaints. Mr. Temporary Deputy Speaker, Sir, I am happy that the Minister has put under Clause 27 that this Commission can act like a court of law. It is quite important that after that is settled; if somebody is not satisfied, then he or she can still go to the other courts. Many things have been borrowed from the USA and I do not know whether the Minister has looked at this provision carefully in the manner that there is efficient authority to determine. If somebody is not satisfied, he can go to an appellant court. Lawyers can be allowed to appear before the Commission for both sides. I do not know whether the Minister has considered that. However, when we went to the USA, we realized that the issue of human rights is so important that at every stage, some kind of determination is achieved. If you are not happy with this determination, you have the next level to move to. This can reduce the backlog of cases in courts of law. People do not have to go to court on certain abuses if they can be sorted out by the Human Rights Commission. I thought the Minister can equip this Commission to an extent that it can reach a determination in a very effective and efficient manner. If this quasi-decision authority is not enhanced, I will suggest that the Minister enhances it. Mr. Temporary Deputy Speaker, Sir, we, in the North Eastern Province, have suffered these violations. We have suffered them even when the Constitution that we had did not allow us to suffer the violations. All the Constitutions we have had, including the Independence Constitution, it was not obvious that we were suffering. This Parliament and Parliaments before, in their own wisdom or lack of it, passed certain Bills – I have in mind the Indemnity Act – which as we know cannot be passed by any Parliament because the Constitution that we have is clear. In 1970, a Parliament in this country passed it. In a struggle to remove it, we brought it before this House and it was repealed. We expect the repeal to be made proper by the President assenting to it. Up to now, he has not. I would urge the Minister for Justice, National Cohesion and Constitutional Affairs who has turned out to be extremely forceful in fighting for the rights of Kenyans to see how the President can assent to that Bill. Parliament has said it is no longer useful. It is illegal and unconstitutional. I am happy that Mr. Namwamba who had an opportunity to contribute to that Bill is here. He supported it very strongly. Parliament resolved but the President refused to assent to it. So you ask yourself: Who advises the President? Parliament in its own wisdom resolved that the Bill is illegal and unconstitutional, but up to now, it is still in our statutes. Parliament said, we are the ones who created the Bill so we undo it. The President says, “No, you cannot undo it!” Who is giving this advice to the President? I am sure that advice is not from his Minister for Justice, National Cohesion and Constitutional Affairs. The Minister was very explicit. The Attorney- General was wishy-washy and I thought that perhaps he could be here to defend it. However, that kind of Bill should never see the light of day. I suggest and urge the"
}