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{
    "id": 505554,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/505554/?format=api",
    "text_counter": 169,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Hon. Temporary Deputy Chairlady, I beg to move:- THAT, clause 18 of the Bill be amended by— (a) deleting subclause (4); (b) deleting subclause (5); Subclause (4) is seeking to take away the rights of persons who have been detained in prison and arrested, from pursuing their rights in a court of law. This law is seeking to excuse the actions of either an arresting officer or a prison warder, who has caused harm to a person who has been detained or who has been arrested. The question of culpability cannot be determined by legislation; it can only be determined by a court of law. Therefore, this matter should be left to the courts to determine whether a prison officer or an arresting officer is culpable. It is not for the law to excuse that person and say if that person has mishandled an arrested person. A detained person should not face the court of law; let that person proceed to seek to be excused in a court of law by looking at the circumstances of each case. The other one is subclause (5). The power of making regulations is contained in Clause 30, subclause (4). So, this is superfluous. It need not be there. Thank you, hon. Temporary Deputy Chairlady."
}