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"speaker_name": "Mr. Mungatana",
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"content": "Mr. Deputy Speaker, Sir, I want to rely on Standing Order No.43 which allows me to lay down the foundation of facts before I ask a question. The fact of the matter is that the police cancelled a rally when in fact they had not informed the members that had wished to have that rally take place. Secondly, the Constitution of Kenya has made it very clear that freedom of association is one of the fundamental individual rights that is inviolable under the new Constitution. I know my other friends will talk about the others but I wanted the hon. Member to look at Sections 21 and 19. Mr. Deputy Speaker, Sir, I have said that the rights and fundamental freedoms of this country are enshrined in this Constitution and not the Public Order Act. Is the Assistant Minister in order to try and limit the right of association and freedom of assembly and association to the Public Order Act when he knows very well that the only limitation to the rights in this Constitution are subject to the limitation of this Constitution itself? I wanted the Assistant Minister to read with me Section 19 of the Constitution, which is on page 20, so that he can understand what we are talking about. It says that the rights and fundamental freedoms in the Bill of Rights, which include the right of freedom to assembly and association:- â(a) belong to each individual and are not granted by the State (c ) are subject only to the limitations contemplated in this Constitutionâ Mr. Deputy Speaker, Sir, could the Assistant Minister quote the section of the Constitution, not the Public Order Act that limited the rights of hon. Wamalwa and all the other people who wanted to assemble and express their rights? Which section of the Constitution limited that? We want that section because it is not the Public Order Act. It is the Constitution and we want to hear from the Assistant Minister today."
}