Entry Instance

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

{
    "id": 720959,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/720959/?format=api",
    "text_counter": 554,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "This is a very important Bill. Clause 21 of the Bill seeks to bar the transfer of detainees to any place if there are reasonable grounds to believe they are likely to be subjected to torture or cruelty. As we move this Bill, I am sure our security agencies must know that it is not at their pleasure to torture citizens in the course of their duty. Those who do so will carry their own crosses. This is not found in the National Police Service Act, National Intelligence Service Act, Kenya Defence Forces Act or in any other state agencies. Clause 23 provides that the detaining authority shall provide for persons in custody. In case the person needs to be detained for safety, they need assistance to communicate with family members or a representative of the State. I am going to the last part, which is Part V. Part V starts with Clause 24, which places the obligation on the CS to make regulations. So, we expect the CS in charge of justice to bring regulations for the administration of the Victims Protection Trust Fund in relation to the implementation of the Act. Clause 25 of the Bill provides for general penalties. Clause 26 provides for the amendment of the Schedule to the Act. Clause 27 seeks to amend the Schedule of the Extradition (Contiguous and Foreign Countries) Act to include the offence of torture, inhuman and degrading treatment of punishment. If you commit a crime against a citizen, you can be extradited within the Extradition (Commonwealth Countries) Act. So, the Bill seeks to make consequential amendments to the Chiefs Act and the Children Act, so that offences of torture in all cases are prosecuted under one law. The Chiefs Act and the Children Act have been harmonised now. Clause 31 of the Bill seeks to exclude the Limitations of Actions Act in relation to torture to the extent that the action for reparation for an act of torture, cruel treatment or punishment may be brought to court any time within a period of six years. Even if the torture took place four, five or six years ago, one can still go to court. Clause 32, which is the last, provides that where there is conflict of law, the provisions of this Act will prevail. The Prevention of Torture Bill, which is a Government Bill, clearly shows the commitment of this administration, as one of its achievements, that President Uhuru Kenyatta’s administration wants to build a country where no citizen, regardless of his status in society, will be tortured, either by State agencies or non-State agencies or actors. I am sure those civil society and NGOs who always shout at the top of their voices just because they want to talk to their donors for more funding and give figures that there is torture and many things going on, I want them to take leave and come and contribute when this Bill goes for public participation, so that all of us together see how we can enrich the Bill. This is a landmark Bill. It gives effect to our Constitution and to our obligations as a State party to the UN Convention against Torture and other Inhuman or Degrading Treatment or Punishment. With those many remarks, Hon. Temporary Deputy Speaker, it is my humble duty to ask the able Member for Kibra---I wish he was from northern Kenya, he would have had his second term. Too bad he chose and he is competing against the daughter of a very powerful man. I wish him well, that come August 8TH, he will defeat the daughter of my good friend and National Super Alliance (NASA) presidential candidate. The only presidential candidate in NASA is Hon. Raila Odinga. The rest are just mark timing and they are wasting his time."
}