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    "id": 590001,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590001/?format=api",
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    "content": "Sen. Dullo has brought this Motion pursuant to Article 51 of the Constitution, which undeniably states that a person who is detained or held in custody under this law retains all rights - that is what is most important - and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or fundamental freedom is clearly incompatible with the fact that the person detained, held in custody or imprisoned. Therefore, if you read or do issues around penal reforms, you will find that, that confinement itself is what is denied of you; that freedom of all other freedoms. That is where most Kenyans probably miss the point. They think that once you are imprisoned then you must be punished irreparably. I think it says: “We restrict you so that we can correct you.” Other countries have first moved from calling prisons “prisons” to “correctional facilities.” Maybe that is one of the progressive steps that this Committee can discuss; how we want to brand our penal system. Do we want to call them correctional facilities or prisons? Is there need to continue having the borstal institutions that we have or are there most appropriate ways to treat our children when they err? These are some of the most fundamental issues that we must interrogate because this new Constitution gives us that opportunity to interrogate the values that we have had over the years. Article 28 is one of the most cardinal provisions of this Constitution. It provides that every person has an inherent dignity and the right to have that dignity respected and protected. It does not matter whether you are in or out of custody. Article 28 gives every person what is called human dignity and not animal dignity. That human dignity presupposes that the Bill of Rights is about human dignity. Article 19 of the Constitution is about human dignity. Therefore, once you are incarcerated, that is enough sanction in itself. All other human dignities that are preserved by this Constitution continue to exist. It is followed closely by Article 29 on freedom and security of the person. It says:-"
}