Entry Instance

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

{
    "id": 663262,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/663262/?format=api",
    "text_counter": 243,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Mr. Temporary Speaker, Sir, the problem is that with teaching, every time you go to class you carry a marking scheme before you set an exam. I was talking about the principle of fundamental rights, even before I get to the exceptions. This is because the principle of a fundamental right is that it is inherent. It is like a right to life, to speak or to walk. That right is granted to you, it is unalienable. Regarding the rights of information, unknown to Sen. (Prof.) Kindiki, when the national Government refused to disclose about the attack of our soldiers in Somali, a video was circulated in the internet giving graphic details of how our soldiers were butchered. When the Senate Majority Leader says that the opposition was demanding the information, I am simply saying that in this arena of information, even when the national Government denies that information to Kenyans, somebody somewhere will disclose it. That video is in circulation and it paints a very bad picture about the national Government and why it did not want to disclose what truly happened to our sons who we sent to Somalia. The Senate Majority Leader was referring to the right to picket and demonstrate under Article 37 in reference to my Coalition and that of Sen. (Dr.) Zani, the CORD. He said that the right to demonstrate and picket can only be limited under Article 25 by a law. If you are going to limit the right of information here under Article 35, you then draft a law. I was then going to tell him, in his good teachings, that there is no law to stop the right to picket and demonstrate in this Republic. Mheshimiwa Nkaissery is not a law. There is no law. So you cannot claim: “I have banned it and there is a law.” They have charged Sen. (Dr.) Khalwale with violation of a non-existent law. There is this word that is coined about Serikali but it is Sirikali . That Sirikali is about information. We have made tremendous strides in the right to information. This is one of those Bills that will put Government agencies and institutions to absolute check and this is the reason - you look worried, Mr. Temporary Speaker, Sir - the Bill of rights applies to all law and binds all state organs and all persons. That is Article 20 which is the application. What about implementation? When I talk about Article 21, I need to read it again to the people who are managing our security so that they understand. It states:- “It is the fundamental duty of the state, national government and every state organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights. “ That obligation is on the state. So the obligation of the right to demonstrate and picket must be promoted by the state, not hindered by the state. They should find a method. I would have preferred if the national Government would have found out through our good Attorney-General, the Professor, a method or a legal framework which would define how one pickets and demonstrates like they do in Europe and China. These fundamental rights are absolutely guarded. This chapter is important and I want to go to Article 23, so that when the CORD goes to court, about their right to picket and demonstrate, similarly, the person who will infringe this right of information under Article 35 will have to deal with the High Court. This is a very fundamental Clause. It states:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}