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{
    "id": 500472,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/500472/?format=api",
    "text_counter": 366,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Clause 3 of the Bill reiterates the constitutional entitlements of all the fundamental rights. What does the constitutional give these people? What are their fundamental rights? What are the freedoms of the people who have been deprived of their liberty? Clause 5 of the Bill mandates the human and dignified treatment of every person who has been deprived of liberty. There are specific mandates within this Bill on how they enjoy their human dignified treatment. Clause 9 of the Bill requires that any institution holding arrested persons to maintain a receipt book to detail the property of the person being arrested. I know in the villages and constituencies, Administration Police (AP) and chiefs arrest people and hold them for 24 hours. They then extort money from them, deprive them of their fundamental human rights and torture them. This Bill is saying that there must be an occurrence book and that is fundamental and it is in law. You must record the time you have arrested that person, the reasons and the condition of that person and if he has been denied his rights. The occurrence book is meant to detail the property of the person. A person is arrested while in possession of Kshs.100,000 but when he is released, he is not given that money. It is said that he did not have such money. This happens to many people including in my community. I am sure with the enactment of this law; Pangani Police Station will be a different police station. There are police stations in our country that are notorious for harassing people under their custody. If you are a lady, you lose all your gold chains and everything. You lose your money, wallet and telephone. This law will streamline that. This is part of the reform agenda of the Police Service. Hon. Temporary Deputy Speaker, Clause 10 of the Bill deals with restrictions on body search and this is very important. You have seen how the police handle our people. If you are a man, they get hold of your belt and trouser and you are thrown into a Land Rover. It is so sad that at times a male police officer will search a lady who has been deprived of liberty. This Bill, under Clause 10, deals with restrictions on body search. It says what part of the body you can touch and what part of the body you cannot touch. I wish we would do a law for Gor Mahia and all the other football clubs; Sofapaka and AFC Leopards so that you can go and watch football but you have no fundamental right to burn my car, if I am driving along Nyayo Stadium. This clause prohibits unreasonable body searches. It requires that a body search be conducted by a person of the same sex. So, if the person deprived of the liberty is female, she must be searched by a female officer. If he is male then he should be searched by a male officer and not a female officer. There are even situations where male prisoners are searched by female officers. That is not provided for here. Further, this Bill provides for an intrusive search. It should be undertaken in privacy. This is very important. There are some parts of the body that cannot be searched in public. I do not need to expound on that; you know them, the biological frame of the man and woman. So, this Bill is saying that there are some parts of my body, as hon. A.B. Duale, that can be searched in public and other parts that must be searched in private. According to hon. (Ms.) Shaban, those parts are called fundamentals."
}