Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 596083,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/596083/?format=api",
    "text_counter": 112,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Amendment) (No.2) Bill, 2015 that will be discussed later on touches on matters that affect the counties. I rise to second this Bill. First and foremost, the Bill seeks to amend section 364 of the Criminal Procedure Code to make it mandatory for the courts not to grant bail for serious offences that have been stated under section 203 and 296(2) of the Penal Code. Such offences include the ones covered in the Prevention of Terrorism Act, the Narcotic Drugs and Psychotropic Substances Control Act, the Prevention of Organised Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act and the Counter-Trafficking in Persons Act. As you may realise, this is the same section that was proposed in the last Session as Section 20 of the Security Laws (Amendment) Act, 2015, which was challenged in court through Petition No.628 of 2014. The court held that the section was unconstitutional for being in conflict with the right to be released on bond or on bail under reasonable conditions as provided under Article 49(1)(h) of the Constitution. So, this clause is unconstitutional. The Committee has considered this clause and has proposed amendments to make it constitutional. This clause seeks to oust the jurisdiction of the High Court in terms of its discretion to grant bail under Article 49(1)(h) of the Constitution. This provision was declared unconstitutional. In the Report that we have tabled in this House, we have proposed to amend this provision by providing that the courts may, as required by the Constitution, if there are compelling reasons not to grant bail, deny the suspect or accused person bail. As it is right now, the provision makes it absolutely mandatory for the courts not to grant bail. So, we will be moving an amendment to ensure that we align this clause with the Constitution. The essence of this Bill is to introduce a number of provisions that clarify certain provisions in the law. For example, the Bill seeks to make it clear how remissions shall be granted as provided for under Chapter 90 of the Laws of Kenya. The Committee considered this clause and came up with recommendations to ensure that it includes the Power of Mercy Committee. It appears like the CS for Interior and Co-ordination of National Government has been given power to deal with issues of remission. However, we thought that since there is a standing committee that advises the President to ensure that prisons are decongested, particularly where there are persons who have reformed, they need to be granted remission so that we decongest our prisons. If you have reformed, why should you be held longer than it is necessary? The reason why one is taken to prison, particularly on petty crimes, is to ensure that he or she reforms. Once the person has reformed and the Power of Mercy Committee has found so, that person should be released to join other Kenyans and continue with his or her life. It is important that the Power of Mercy Committee is included. So, we will be moving an amendment to that clause to ensure that that Committee plays a role. The Bill also seeks to align the provisions in the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act, Cap.301 with the Constitution. As you know, that legislation mentions only the High Court. The Constitution has created a court that is suitable for matters that, that court should be dealing with under the Environment and Land Act. The Bill is seeking to align this Act with the Constitution. The other Act that we in the Departmental Committee on Justice and Legal Affairs considered, because it was relevant to our Committee, is the Judicial Service Act. The section that is sought to be amended under this Act is Section 30 that deals with the appointment of the 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."
}