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{
    "id": 555447,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/555447/?format=api",
    "text_counter": 204,
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    "content": "Another issue is that you may find that a Kenyan serving a jail term in the United States, for instance, is not eligible to apply to the United States to be released to go and complete their sentences in the UK because they are not eligible to go and serve that sentence in the UK. So, the transfers can only happen between the transferring country and the country of resident of that person. There is the issue of eligibility of the applicant. One of the issues is that that applicant must be a Kenyan citizen, for example. Our country must have an agreement, bilateral or otherwise with the transferring country and there has to be consent. This Bill has addressed extradition very well. We know there are instances where a country is asking for an extradition of a suspect to the jurisdiction of this country to be tried. This Bill addresses this issue this way. Iif a person needs to be extradited or if, for instance, this country is asking another country to extradite a suspect to this country and it happens that that person is already serving a sentence in that country, the Attorney- Generals of the respective countries have to look at the various legislative proposals contained in the extradition proceedings of those countries. They have to look, for instance, at the likely event that that prisoner is probably asking for a transfer to this country to avoid extradition. These are issues addressed in this Bill. However, there are conditions for transfer in Kenya and those conditions must be met before extradition proceedings are commenced. Again, if a person serving a sentence in a foreign jurisdiction has not exhausted all the appeal processes or if the matter is on appeal, that person is not eligible because he or she must have completed his or her appeals. This is because if you come here under a transfer, you cannot appeal against that sentence here. So, the condition for transfer must be that the prisoner being transferred is only coming to complete their sentence and not to argue on any appeal. The only problem I notice with this Bill is that it says under Clause 41(b)(v) that:- “The Attorney-General may, at any time, direct a person having custody of the prisoner under paragraph (iv) to release the prisoner from custody.” This is a very serious loophole because a person may apply for a transfer from a foreign jurisdiction and once they get here and before they get into our custody to complete their term, the Attorney-General releases them. I beg to second this Bill."
}