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{
    "id": 555440,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/555440/?format=api",
    "text_counter": 197,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "a prison near home than in a very far land where at times you even do not understand the language of the prison warders in that country. Part I of this Bill clarifies the provisions which will apply when an agreement for the transfer of prisoners between Kenya and other countries is enacted. Part II of the Bill is the application to be made with respect to transfers. For a transfer to take place, application must be made to Kenya or Kenya has to make an application. To make it a bit clear, once we enact this law, even foreigners who are jailed in Kenya will have an opportunity to also serve the remaining jail terms in their countries. It is a two-way traffic. We bring back our Kenyan prisoners and we also allow other countries to take their prisoners to serve the remaining jail term in their country. Applications and the Memorandum of Understanding (MOU) can be signed by the Government, the Attorney-General or the family of the prisoner on behalf of the prisoner. Part II of the Bill deals with the requirements for consent and requirements and conditions for transfer of prisoners. It also sets out the conditions under which a transfer of a prisoner to or from Kenya can be arranged. Part III of this Bill sets out the procedures for the transfer of a prisoner from Kenya. Today, issues to do with the 76 Chinese prisoners who are serving their sentence and are working here in Kenya are covered by that part of the Bill. Part III of the Bill deals with the procedures for the transfer of prisoners from Kenya to their country of origin. This includes the application that one has to make to the Attorney-General of the Republic of Kenya and how that application will be considered by both the Attorney-General and the Cabinet Secretary in charge of prisons or the Cabinet Secretary responsible for matters relating to the sentence. The Attorney-General can then contact the transfer country. The whole of that procedure is well stipulated in Part III of the Bill. Hon. Speaker, the same Part III gives privilege to the Attorney-General to cancel a warrant issue for the transfer of a prisoner from Kenya at any time. So, if the Attorney- General, in his opinion, feels that a certain prisoner should not be transferred, then this law gives him powers to cancel the warrant. Part IV of the Bill provides for transfer of prisoners to Kenya. There are many Kenyans who have been jailed in China, Europe, America, Africa and Asia because of committing various offences. This law does not discriminate on the charges; whether or not it is a drug-related charge, or human trafficking. This law is about any Kenyan who is serving in a foreign jail. It provides for the procedure that is to be used to transfer such persons back to Kenya. You will find the provisions in Part IV of the Bill. The same Part provides for the procedure of applying through the Attorney-General. It also provides that a sentencing country may apply to the Attorney-General. The parents and relatives of victims can apply too. Part V of the Bill provides for the enforcement of the sentences. What do we do when we transfer Kenyan citizens serving in foreign jails? This Part provides for the enforcement of the transferred sentence. It specifies that we cannot alter the sentence passed and is being served. So, if the prisoner was sentenced for 10 years then it remains so. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}