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{
    "id": 683309,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/683309/?format=api",
    "text_counter": 9,
    "type": "speech",
    "speaker_name": "Hon. M’uthari",
    "speaker_title": "",
    "speaker": {
        "id": 1576,
        "legal_name": "Joseph M'eruaki M'uthari",
        "slug": "joseph-meruaki-muthari"
    },
    "content": "I, the undersigned, on behalf of the family of Mr. Nesbon Kibara Mbaabu, a military officer and a Kenyan citizen, draw the attention of the House to the following:- THAT, Article 236 of the Constitution provides for protection of public officers from victimisation, discrimination and removal from office or subjection to disciplinary action without due process of law. Further, Article 50(2) of the Constitution recognises the right of every accused person to a fair hearing and trial in a court of law. THAT, Mr. Nesbon Kibara Mbaabu, a Non-Commissioned Officer (NCO) has been in the military for 19 years. THAT, Mr. Nesbon Kibara Mbaabu, while on deployment to the Nairobi Show Ground for the International Trade Fair, deserted duty and went to his home in Kayole without obtaining official permission from his supervisors and stayed there for an extended period. THAT, while at home, the Petitioner exhibited abnormal behaviour and upon realisation that Mr. Mbaabu had stayed home beyond the normal military leave days, his family consequently surrendered him to the military police headquarters. THAT, the Petitioner was locked up in a guardroom, where he continued to exhibit abnormal behaviour, which prompted the military police to refer him to the Defence Forces Memorial Hospital for thorough medical checkup, where he was diagnosed with paranoid schizophrenia. THAT, on 13th July, 2015, the Chief Justice, upon request by the Department of Defence appointed a Judge, one Hon. (Ms.) Theresa Murigi to preside over a Court Martial to try Mr. Mbaabu where he was subsequently charged for desertion, contrary to Sections 74(1)(a), 74(2)(e) and 74(3)(b) of the KDF Act."
}