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{
    "id": 707409,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/707409/?format=api",
    "text_counter": 131,
    "type": "speech",
    "speaker_name": "Hon. Wakhungu",
    "speaker_title": "",
    "speaker": {
        "id": 1889,
        "legal_name": "Chrisantus Wamalwa Wakhungu",
        "slug": "chrisantus-wamalwa-wakhungu"
    },
    "content": "the 1951 Refugee Convention and 1967 Protocol. Kenya is part and parcel of this protocol and the convention. Article 2 of the Constitution talks about the supremacy of the Constitution. Article 2 (5) says: “The general rules of international law shall form part of the laws of Kenya.” Article 2 (6) says: “Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.” No one wishes to be a refugee. Kenya, like any other nation, has to move globally to where other people are moving. The 1951 Convention and the 1967 Protocol bring in the principle of non-involvement. These instruments are also based on international refugee law which protects the people who seek asylum and the refugees who have been given that recognition. It is important that this Refugee Bill brings in a clear and comprehensive framework that will domesticate that 1951 Convention and the 1967 Protocol which Kenya is part and parcel of. I was the lead consultant on the refugee policy that was developed in this country under the United Nations High Commissioner for Refugees (UNHCR). In this country, we know very well that there is a Department of Refugee Affairs in the Ministry of Interior and Coordination of National Government. It is based somewhere in Lavington. That department is overwhelmed. It will be important that once we have a law in place, we will have something that we can rely on instead of having an issue being handled under regulation where the Cabinet Secretary (CS) can decide to do away with it one way or another. Article 1 of the Constitution talks about the sovereign power of the people, which can be exercised directly or indirectly by their democratically elected leaders like Hon. Chris Wamalwa. You do not wish to become a refugee. Maybe because there is war in your country or for political reasons, you become a refugee. We have seen many Kenyans seeking asylum abroad. We know Koigi wa Wamwere went to seek asylum in Norway. It is something that we must subscribe to. When you look at the 17th Sustainable Development Goal (SDG), it says that we want to strengthen the global partnerships for purposes of sustainable development. In this context, as Kenya tries to host refugees, we need global support. Kenya has been very welcoming. Daadab is one of the biggest refugee camps that we have in the world. Other global nations are doing very well. They must reciprocate and support Kenya for purposes of sustaining these refugees. It is important to note that once you have the status of refugee, you also enjoy the bill of rights like any other Kenyan. We are also struggling with our economy. We have free primary education. We want these refugees to access free primary education. Where are we going to get the funds? Unless the international community supports this country, we will not manage to host these refugees. We welcome refugees in this country with both hands, but unfortunately, asante ya punda imekuwa mateke . I am a member of the Departmental Committee on Defence and Foreign Relations and research has shown that the planning of the bombing of Westgate in Westlands, last time, was planned in Dadaab Refugee Camp. That was the time Hon. Asman Kamama and Hon. Gethenji chaired the Committee together to investigate the Westgate bomb attack which was done by these Al Shabaab . If you traced back, you will be told it was done in Dadaab Refugee Camp. It is important when you allow these refugees to come; proper screening must be done because we are allowing criminals into this country to spoil the good name of Kenya, which we are trying to defend in line with the 1951 Refugee Convention. The refugee law is very clear in terms of the non-evolvement principle. It says when you come you should not be sent back. Again, on prima facie, a Latin word which most of the time is used by lawyers, it simply means that you believe the evidence that is provided. You have to 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."
}