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"content": "Rights belong to each individual and are not granted by the state;” aware that Article 21(1) states that “it is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights”; Realizing further that Article 24 of the Bill of Rights clarifying limitation of rights and fundamental freedoms, at no time contemplated any limitation on the fundamental freedoms contained in Article 19 nor did it legitimize any limitation of rights on the basis of a speculative transgression and Article 24(3) states very clearly that “the State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied”; noting that freedom of the media, as stated in Article 34(2) forbids the State not to exercise control or interfere with any person engaged in broadcasting, production or circulation of any publication or the dissemination of information by any medium; Having observed that on 7th July, 2014, while holding a Saba Saba rally at Uhuru Park, the CORD leaders were given a complete blackout by the media, following direct and/or insinuated threats and intimidation by the State, through a communication by the Cabinet Secretary to media houses to that effect; this House doth hereby resolve to declare this action by the State as unconstitutional and calls upon the Jubilee administration to desist from clawing back the democratic gains of the Kenyan people as enshrined in the Constitution. Mr. Deputy Speaker, Sir, I move this Motion on behalf of the Kenyan people and on behalf of all of us here who, as indeed in the previous debate we have been having here, have belonged to several parties and may yet belong to several parties in the future. I have been in the Government and may yet be in the Government in future or in the Opposition. Therefore, it is for us to understand that the fundamental document that gives us security---"
}