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"id": 479094,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/479094/?format=api",
"text_counter": 213,
"type": "speech",
"speaker_name": "Hon. Wandayi",
"speaker_title": "",
"speaker": {
"id": 2960,
"legal_name": "James Opiyo Wandayi",
"slug": "james-opiyo-wandayi"
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"content": "Hon. Speaker, if you look at Article 49, and I want to read it quickly, it says: “An arrested person has the right- (h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.” We are trying very hard to reverse the clock of change. If we look at the proposed sub-section 2, it says that in making a decision under sub-section 1, the court or police officer shall have regard to all other relevant circumstances. In particular, if you go to part “b” it talks of character and decedents, and associations and community ties of the accused persons. How would the court or the police determine the character of a person? Even if they were to do so, this goes directly against the provisions of Article 27 of the Constitution, which guarantees freedoms; very pertinent freedoms. I just want to take you through so that you understand the gravity of this matter. Article 27 of the Constitution, I have just been going through it a while ago on equality and freedom from discrimination, that every person is equal through the law and has the right to equal protection and equal benefit of the law. Article 27 (2) says equality includes the full and equal enjoyment of all rights and fundamental freedoms. Part (4) states that the State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience and so on and so forth. If this Bill passes the way it is, it will be directly against the Constitution as stated in Article 27 of the Constitution. It is important to understand where we are coming from. In fact, I am sure this particular sub-section has been included in this Bill so as to give the State the power to hold in custody people who have been charged with terrorism. This is targeting specifically people of Somali origin. It is very clear that in the past the State has complained that they have no express provisions in the law to allow them to detain these persons whom they feel are so dangerous to society. You cannot right a wrong with a wrong. We know terrorism is a serious offence. It is a serious matter in this country as we speak. But to try to go behind the Constitution, to go around the Constitution and to curtail people’s rights which are expressly provided for in the Constitution, is really not acceptable. I want to repeat that this new Constitution that we currently have, is a serious departure from the old Constitution. If that old Constitution which we so much despised and which we fought so hard to bring down could acknowledge this fundamental right and liberty, and could only allow those rights to be curtailed under very serious circumstances of one being charged with offenses of treason, murder, and robbery with violence, then what will we be doing by allowing this kind of thing to happen under this new dispensation? I speak because I have been a victim of the old Constitution. It is not something you want to take for life. The difference between being free and being in custody is not something one wants to play around with. Therefore, this Bill as currently proposed is a Bill that must be rejected and specifically this particular one concerning the amendment to the Criminal Procedure Code has to be expunged from this Bill, if it is to see the light of day. Indeed, this should not have come to the Floor of the House, in my view. It goes against the spirit and letter of the Constitution which we should all defend. If we allow this to pass, what will happen from tomorrow? You will see people being arrested on very flimsy grounds. They will be taken to court on trumped-up charges and denied bail The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}