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"id": 500475,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/500475/?format=api",
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"type": "speech",
"speaker_name": "Hon. A. B. Duale",
"speaker_title": "",
"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
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"content": "They are very important and fundamental organs of the body. Clause 11 provides that aliens deprived of liberty shall be immediately informed of such a fact and their right to consular or diplomatic assistance. This Bill is very good. Even aliens and refugees from Somalia, Ethiopia, Congo and South Sudan; cannot be deprived of their rights. The moment they are arrested, that officer must inform their diplomatic mission in the country or the United Nations High Commissioner for Refugees (UNHCR). Clause 13 provides for separate accommodation arrangements for various categories of persons deprived of liberty. It is like this Bill has been designed to reform the prison. If you go to the rural areas, you will find men, women, children, pregnant ladies and ladies with other complications put together in a cell of five by five metres. I am sure hon. Waweru will agree with me that those small police stations in Dagoretti--- This Bill says that the State must build separate cells for women, men, children and people with disabilities. Men and women are to have separate accommodation. Children shall be held or detained separately from adults. Male and female children shall be accommodated in separate facilities. Mothers with children shall be accommodated separately from other prisoners. Intersex people who have been deprived of liberty shall be held separate from other persons. Refugees and asylum seekers shall be accommodated separately. This is a beautiful piece of legislation. This is what the Constitution provides. A Kenyan will not be hosted together with a refugee. A refugee will not be deprived of his rights. Clauses 14 to 20 articulate the rights of the persons deprived of liberty. This includes the right to a nutritional diet. So, the person who is in custody must be given a nutritional diet. He must be given decent beddings instead of sleeping on the floor. You must be given decent clothing; the right to health care and confidentiality. If your wife comes and she wants you to sign some cheques, you must be allowed in a small room so that she tells you what is going on and you sign. Currently, police officers tell the lady to talk to her husband as they listen. That is very rude. It has been shown by a comedy that is aired by Citizen Television called KonaMbaya . Kona Mbaya shows the exact reality in police stations. So, this Bill is saying that, if your next of kin; your wife, husband, brother or lawyer comes to visit you in a police station, you will be given a private room to talk to that person. What happens is that the police will tell you to finish your business. Of course, there are other rights but those are not in the Bill. This Bill also provides for the right to freedom of conscience and religion. You must be allowed to pray. Some of us pray five times a day while some pray only on Sunday. So, if you are arrested in the morning, it is a must that as a Muslim, a Christian, a Hindu or a Jew, you must be allowed to pray. This is a very good Bill. You must be given the right to believe in an opinion. For example, if we arrest hon. Nuh, we must allow him to carry his business of Okoa Kenya, Okoa Magerer there ---"
}