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{
    "id": 720986,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/720986/?format=api",
    "text_counter": 581,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "(i) subject any person to torture or to any other cruel, inhuman or degrading treatment; (ii) enter or search any private premises with a warrant duly issued by a magistrate; or (iii)demand or solicit any donations or collections in a manner likely to suggest that such donations or collections are a precondition for any service; or (c) maintain a cell or other place of confinement of persons. What do we mean by repealing? Are we saying then that we are going back to the time when chiefs could actually do these things? I think this is a problem. The provision as it is now says that chiefs cannot do all these things. It goes ahead to say: “20. (3) A chief who contravenes any of the provisions of this section or the provisions of any code of conduct prescribed under subsection (2) shall, without prejudice to any other penalty prescribed by law, be guilty of an offence and liable to a fine not exceeding ten thousand shillings, or to imprisonment for a term not exceeding one month or both.” At the Committee stage, we should amend this. If we repeal, then, what are we saying? Are we saying then, that chiefs can do all these things which the Act currently stops them from doing? I think this will be a good way to go. We know, of course, that torture is not exclusive to countries such as ours. For the so called First World countries, we see some very dreadful videos of how they extract information from suspects. For example, using waterboarding which is not acceptable. This law highlights that as human beings, any form of inhuman treatment to fellow human beings is not acceptable. It should not be just a Kenyan standard, but an international one so that we prohibit completely all forms of torture whether physical or psychological. With those remarks, I beg to support, but also indicate that if we do not do anything to amend Clause 29 which attempts to repeal Section 20 of the Chiefs Act, we will have reversed the gains we have made in regard to containing the conduct of chiefs all over this country. I support, but will be proposing the relevant amendments particularly to Clause 29 of this Bill so that it will be progressive. We should recognise the dignity of Kenyans living in or outside the country. We should also comply with our international obligations with regard to prevention of torture. I support."
}