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"speaker_name": "Hon. Waiganjo",
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"legal_name": "John Muriithi Waiganjo",
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"content": "Hon. Speaker, when I made my last submissions before the House adjourned, I was saying that this omnibus had some passengers that were not proper for purposes of minor amendments of the Statute Law (Miscellaneous Amendments) Bill and I am happy to see that the Leader of the Majority Party has seen the light and has kicked out passengers that were in the first instance not supposed to passengers properly. However, I am a little disappointed because he should have gone further because he has left some passengers in this omnibus who are also still not quite passengers. They should come through their own private means. I have in mind the Criminal Procedure Code. It is a piece of legislation that requires a lot of tiding up. This Code has provisions for proceedings in seditious matters and public order matters. Those are statutes that have already repealed. I have personally proposed amendments to the Criminal Procedure Code and it has not found its way to this House. Unfortunately, what these amendments purport to do is to reverse the express provisions of Article 49 of the Constitution on the issuance of bail. We cannot mutilate, or even attempt to try and legislate what vitiates the express provisions of the Constitution. So, for me, I think what this particular amendment wishes to do or what should be done is to leave this to the Chief Justice so that he can formulate practice rules so that we may not legislate against the express discretion of judicial officers when they are dealing with matters bail and bond. For me, the Criminal Procedure Code should not be entertained in this Statute Law (Miscellaneous Amendments) Bill."
}