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"id": 534633,
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"type": "speech",
"speaker_name": "Sen. Wetangula",
"speaker_title": "The Senate Minority Leader",
"speaker": {
"id": 210,
"legal_name": "Moses Masika Wetangula",
"slug": "moses-wetangula"
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"content": " On a point of order, Mr. Deputy Speaker, Sir. I want to draw the attention of the House to Article 35(1) of the Constitution. Every citizen has the right of access to information held by the State or information held by another person and required for the exercise or protection of any right or fundamental freedom. My humble opinion is that the philosophy behind this clause in the Constitution was to cure a situation such as the one we find ourselves in. If a letter is written by a State officer from an office that may either convey a mischief or a disadvantage to another, it is unlikely to be copied to anybody who will be standing to defend the affected person. That is why we have this right of access to information. Since the Deputy Speaker is a much more senior lawyer than I am, for some reasons, you know the doctrine of illegally obtained evidence; as long as it leads you to the truth, it is admissible. That is a cardinal point of law as long as it leads you to establish the truth. I have not seen the documents and I do not want to contest the contents, but under Article 35(1)(ii) the distinguished Senator for Kakamega, however wrongly he may have acquired the documents, they become part of a persuasive authority in any argument on this Floor."
}