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{
    "id": 332354,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/332354/?format=api",
    "text_counter": 253,
    "type": "speech",
    "speaker_name": "25 Thursday, 22nd November, 2012(P",
    "speaker_title": "",
    "speaker": null,
    "content": ") strong contingent of about 50 police officers was used to arrest me. The manner of arrest they inflicted on me can only be compared to that which will be appropriate when arresting a dangerous criminal. The car that I was bundled into even had an accident as it rushed to take me to Kileleshwa Police Station. My treatment at the station was also horrific, as I was kept in a cell full of mosquitoes that stunk of urine and faeces. The police infringed on the following rights:- 1. The police summoned me orally, contrary to Section 52(1) of the National Police Service Act, which provides that a police officer should issue summons in writing. 2. I was not promptly informed of the reason for my arrest. 3. I was denied proper access to my lawyer. 4. The police refused to grant me cash bail and bond me to appear in court. This is despite the alleged charge being bailable and my being a Member of this honourable House and, therefore, a person most unlikely to fail to appear in court. Mr. Speaker, Sir, on the next day, 17th November, my rights were further abused as I kept being moved from office to office at the C.I.D Headquarters. It took three hours before I was informed the reason for my arrest. The police then tried to force me to sign a pre-written statement, which would have incriminated me. Even after one of my lawyers arrived at the C.I.D Headquarters, I was not allowed to freely communicate with him. The police officers also frustrated my lawyer’s efforts to assist me. All these are a violation of my constitutional rights as set out under Article 49 of the Constitution, which protects arrested persons. The Constitution gives arrested persons the right to be informed promptly of the reasons for their arrest and further gives the person the right to remain silent and communicate with an advocate and other persons whose assistance is necessary. I was eventually charged in court on Monday 19th November when, together with my colleagues, I protested the charges. The magistrate acquitted us of the charges on Wednesday 21st November. Mr. Speaker, Sir, I am, however, apprehensive that the police may re-arrest me and frame further charges against me. The following issues are now of particular concern to me:- 1. Why would the police arrest and charge me for making a statement in the course of my constitutional duty as a Member of Parliament, particularly when the statement was made within the precincts of Parliament? Is there no respect for the freedom of speech in Parliament, the constitutional mandate of Members of Parliament and the Powers and Privileges of this House? 2. Do the police routinely breach the constitutional rights of arrested persons? If I, an Assistant Minister and Member of Parliament was treated so shabbily with no regard for constitutional provisions, what about the ordinary mwananchi? 3. Why was I denied a police bond? Is it because I am a Member of ODM? A Member of Parliament from the PNU in similar circumstances was granted a police bond within hours. Why the discrimination and yet we are all Kenyans? 4. The Press has also extensively reported on the matter. On some occasion, the Press misrepresented facts and even branded the entire Turkana Community cattle rustlers. In another instance, the Press misquoted and said that I had stated that we shall go to the ICC to press our case. This was not true at all. I wonder why the Press behaves so irresponsibly when dealing with very sensitive national security matters. These are questions that continue to worry me and I think that the"
}