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{
    "id": 502004,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/502004/?format=api",
    "text_counter": 327,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "I never go that way but the fact of the matter is that for once we have a Bill saying that people held in custody either as remandees or otherwise are entitled to decency. They are entitled to the dignity and privacy of their person when we are searching them. One thing I have not seen in this Bill is the provision that in as much as searches would be conducted by officers of the same gender, they ought to have necessary facilities. If you remember we have had cases a short while ago where the Member for Taita Taveta County, hon. Lay was saying there is a single individual searching all women bare handed. These are women working in a mining firm, if it can be remembered. I wanted to confirm as a practitioner that this is a complaint coming to us as legal practitioners both from male persons and from women who go there. Essentially and this is something everybody here needs to know, if you are to be arrested today and you are taken to remand at Industrial Area, the first thing as a procedure of their search, and of course in all our holding institutions not just Industrial Area, is you are stripped totally naked. The excuse is that you could be hiding some things under your clothes or really between some parts of your body and that is what is happening. So, for once we have a Bill saying you will respect the privacy of the persons in custody more so those people who are not yet convicted of any crime. I mean they are entitled to their dignity. Let us give it to them. Hon. Temporary Deputy Speaker, there was a day I was driving to Nairobi and a person called me saying: “I am being moved from the remand at Kajiado and being taken to Machakos on a Sunday.” The person was crying and saying: “I do not know why I am being moved and my family does not know.” For once we have a law stating that upon being detained you will be given facilities to contact a lawyer or your family to tell them that you are being held and where you are being held and, of course, where there is need. People do not know that some cases may be so difficult. For once, we are saying that you will have all the details of the person that you are holding. There is a proposal we are making that even the medical history should be known. You will be holding a person invariably who is suffering from diabetes or diseases which require constant check. How does that person reach his family to confirm in case he needs insulin or"
}