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{
    "id": 785972,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/785972/?format=api",
    "text_counter": 243,
    "type": "speech",
    "speaker_name": "Hon. Andrew Adipo Oluoch",
    "speaker_title": "The Member for Mathare",
    "speaker": {
        "id": 13362,
        "legal_name": "Andrew Adipo Okuome",
        "slug": "andrew-adipo-okuome-2"
    },
    "content": "may limit it but only to the extent that it is limited. That is one of the provisions. It also says that it must be justifiable in an open, democratic and transparent society. The considerations that need to be taken into account are also delineated under Article No. 24. This Motion does not comply with Article 24(1) (a)(b)(c)(d) and (e). It says that that law, and I want to reassert that this is not law, and even if it was, it must state from the very outset the freedom that is being limited. It must underline the importance and purpose of the limitation, the nature and extent of the limitation and the need to ensure the enjoyment of the rights and fundamental freedoms. You also need to take into account the rule of law. Article 10 of our Constitution underlines the question of the rule of law. We have seen it in the period intervening the elections to date. Most recently we have seen the case of the unlawful, unjustifiable, draconian, barbaric deportation of a Kenyan citizen by the name Dr. Miguna Miguna. More than eight court orders cannot be flouted. We cannot be flouting the law on one hand and say that the law requires you to stamp some certain documents. On the other hand, the Constitution says that we are founded on democracy and the rule of law. Court orders are part of the law of the Republic of Kenya. One arm of Government issues court orders and in turn the Government without blinking an eye disregards them on grounds that it is the law when a citizen of this country is being sent away because of some piece of paper saying that he needs to produce his passport. Hon. Temporary Deputy Speaker, I am worried about the differential treatment by the police and the State agencies in enforcing the law. There are people who were demonstrating about charcoal burning in Kitui and the police did absolutely nothing. The entire Limuru- Naivasha Road, which leads to western Kenya was paralysed for 12 hours, but the police do not find that there was need for teargas. All of a sudden, they ran out teargas, but when a student in Meru and other people demonstrate for similar rights, they are shot dead. Hon. Mbui and I were lucky to survive police teargas, bullets and canisters."
}