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{
    "id": 510971,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/510971/?format=api",
    "text_counter": 111,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "It is not like the Scrap Metal Bill or the Public Accounts Committee Report we are debating, which we can do in February next year. Let me start with the Public Order Act, Cap. 56. The Public Order Act, Cap.56 makes references to offices and institutions that have been made obsolete in the re-organization of the Government of Kenya under the new Constitution. This Bill makes specific reference to governors, Members of County Assemblies, Cabinet Secretaries for Interior and Co-ordination of National Government, Director of Public Prosecutions (DPP), the Inspector-General of Police (IG) and National Police Service. This is trying to enhance some penalties, but in totality there are people who are left out. Therefore, this amendment is trying to bring consistency with the new Constitution by recognizing some particular officers. Clause 4 of the Bill seeks to regulate public meetings by empowering the Cabinet Secretary to designate areas and times when public meetings, gatherings and public processions must be held. Hon. Members of the House Business Committee (HBC) will agree with me that, it is in the minutes of the HBC that we have passed that Parliament must allocate a specific place for the public to picket and to demonstrate. It is in the House Business Committee minutes, and it happens in all devolved democracies. We have gone to the United States of America (USA) and United Kingdom (UK)--- In fact in some countries, there is a roll call. Maybe there are ten different groups that in one day want to picket. They may go to the person in charge and say, “Hon. A.B. Duale and his team will picket from 10.00 a.m. to 11.00 a.m. and hon. Mwinyi’s team will picket from 2.30 p.m. to 3.30 p.m.” If we allow people to go and picket in Westlands, for example, where there are no Government offices or Parliament and property is destroyed--- This is a standard and it is what we are trying to do. Clause 5 of the Bill creates an offence by any person who unlawfully convinces, organizes, and promotes a public rally, a meeting or a procession. The Constitution has provided for us that if you want to have a public rally or procession, you will go to the nearest police station. It is already provided for. It is not talking about it being lawful. Hon. Speaker, let me go to the Extradition Act, Cap. 76. The Bill seeks to amend the Extradition Act, to harmonize it with the office and the institution created under the Constitution of Kenya. It is time to harmonize it with the Constitution. Secondly, it also seeks to enhance co-operation between Kenya and the contracting nations in relation to speedy extradition of persons from Kenya to existing--- A good example is my good friend, journalist Walter Barasa, who is wanted by the ICC. The process is well documented. It has to go through the judicial process. This Bill seeks to amend the Penal Code, Cap. 63, to make provisions for the offence of a public officer aiding or facilitating the commission of a felony. This is what this country needs. If a police officer hires out his gun for a crime to be committed, that police officer must be liable to punishment; that is what we are saying."
}