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{
    "id": 720992,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/720992/?format=api",
    "text_counter": 587,
    "type": "speech",
    "speaker_name": "Hon. Ogolla",
    "speaker_title": "",
    "speaker": {
        "id": 1264,
        "legal_name": "Gideon Ochanda Ogolla",
        "slug": "gideon-ochanda-ogolla"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. The Member for Kiharu was trying to replace weaknesses in terms of criminal procedures and the justice system with torture. He implied that you can as well torture somebody because you are not too sure about how they will be handled by our judicial system. That is really funny. Sometimes one might want to go in that direction when things are not working. When dealing with this Bill, one thing that is important is that there is a clear recognition that espouses the provisions in the Constitution that for purposes of freedoms and liberties, one cannot be subjected to torture. The Bill brings this forth in terms of details. That is one good bit of the Bill. We know the history of Kenya and want to believe that the former President Moi did a lot to this country in terms of some of the very minute things that even after he left, we have not been able to do, including things to do with the environment. President Moi did a lot. In the process of doing a lot, one of the most difficult things that Moi did, that was so negative, was this thing to do with state torture. The history of this country will never be complete if we do not have this kind of monumental arrangement like Nyati House and Nyayo House that were clearly torture chambers. Half of the Judiciary was handling some of these issues. We will go down in history in a very bad light as a country, particularly during the Nyayo Era. This brings us to a situation where we have all manner of cases, some people disappearing and others not handled well especially victims of torture. Historically, we have victims of torture. There are those who have been awarded settlements through court by suing the State. The State has been losing quite a bit of money and resources in this. There are those who, in as much as they have been awarded, have never received their payment and compensation. One of them is a former Member of this House, Hon. Mak’Onyango, the former Member of Parliament for Alego Usonga. He has been going round and round. His payment has never been honoured. There is also Mwandawiro Mghanga. These are some of the things that we really have to look at as we look at these things. That will be one of the main weaknesses of this Bill. When we look at compensation, how far back are we able to trace some of these issues of torture? If we look at them in that manner, what are the arrangements that could be in place for purposes of redress or addressing some of these situations other than going through this elaborate court system where you are to sue the State, the Attorney-General and they do not respect some court resolutions? That is one weakness that we really have to look at when we are looking at the Bill."
}