Entry Instance

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

{
    "id": 720985,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/720985/?format=api",
    "text_counter": 580,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "international obligation for every country to ensure that the citizenry is not subjected to any form of official torture. In fact, the objective of this Bill goes to implement Kenya’s obligation under the UN Convention against Torture and cruel inhuman or degrading treatment and punishment and all other relevant national conventions to which Kenya is a signatory to. So, to that extent, this Bill goes a long way to align us with those modern nations which have outlawed all forms of torture, whether physical or mental. I am happy that in this Bill, we have taken the definition of “torture” under Clause 4 to not just include severe pain or suffering, but also mental form of pain and suffering and highlight the fact that such pain or suffering has to be intentionally inflicted. So, I do not want to repeat what most people have said. Torture is a very degrading experience, but I am happy that in enacting this Bill, we are in fact stressing the fact that there would be no justification for torture. We are excluding cases where people might use state of war, internal political instability or public emergency to try and justify forms of torture. It is also important that the Bill says that junior officers are at liberty to disobey their seniors if the instructions given have the effect of inflicting or coming in the form of torturing another human being. This is important because it gives immunity to junior officers for refusing to obey orders from superiors to inflict any form of torture. We know that, ordinarily, if a junior officer disobeys an order from a senior officer, that would amount to insubordination. So, to that extent, a junior officer by the force of this law, will be at liberty to disobey those orders that have the effect of wanting the junior officer to inflict one form of torture or another to another person, whether physical or mental. This Bill is important given the environment that it covers. We know what has happened in this country. We know where we are coming from. There are cases where people have been convicted because of information that has been obtained under torture. I can remember when I was a student at the university, a gallant son from my constituency who has since disappeared because of being heavily tortured at Nyayo House, once appeared in court. Because of the dehumanising nature of the torture he had been subjected to, he told the magistrate and prosecutor at that time that, that way of handling people was not the future for Kenya. He is a hero of this country. We are now going through this Bill and making it an offence to use information obtained through torture. The Bill even goes further to say that, indeed, other than just criminalising information obtained through torture, such information may be used against the person who inflicted torture in the first place. So, if there is proof that information was obtained through torture, then the reverse will apply and the person who obtained that information through torture could end up facing criminal action. I think there is a problem in the drafting of this law in Clause 29 which states that: “29. The Chiefs Act is amended by repealing section 20.” My understanding of repealing a section is doing away with it. If you repeal you negate. Section 20 of the Chiefs Act states on the conduct of chiefs: “20.(1) No chief shall— (a) engage in the activities of any political party or act as an agent of any such party; or (b) in the performance of his functions or the exercise of his powers under this Act— 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."
}