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{
"id": 94681,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/94681/?format=api",
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"type": "speech",
"speaker_name": "Mr. Haji",
"speaker_title": "The Minister of State for Defence",
"speaker": {
"id": 26,
"legal_name": "Yusuf Mohammed Haji",
"slug": "yusuf-haji"
},
"content": " Mr. Speaker, Sir, I beg to reply. (a) The information about the missing soldiers is as follows: (i) Number 13021, Senior Private Sammy Mulawa Muia, belonged to the Corps Transport Headquarters Company, and not to the Artillery Brigade as the Questioner has stated. He went missing from his place of duty on 6th June, 2005 while on attachment to the Kenya Rifle Association team at Athi River, Stony Athi Rifle Range, as a cook. Investigations were done to ascertain the circumstances under which the serviceman absented himself from duty without official leave and it was found that he did so for reasons best known to himself, because he had not communicated to anybody about his intentions. The serviceman had a habit of being absent from duty without official leave; his record shows that he had previously done so on 31st January, 2003 to 19th May, 2003, a total of 108 days, when he was apprehended and taken to his unit for disciplinary action. He was thereafter allowed to continue in the service. On this second incident of his absence, he has never returned to duty to date; therefore, he was procedurally declared a deserter. Senior Private Pius Kisilu Ikuu went absent on 3rd May, 2004 after failing also to report to his place of duty from an official off which he had been granted from 26th April, 2004 to 2nd May, 2004. Investigations were done by a board of inquiry. Various personalities were interviewed, including close relatives and friends. He had earlier absented himself from his place of duty for a total of 33 days. He was, however, apprehended and disciplinary action taken against him for the offence. It also emerged that he had been observed to be excessively taking alcohol, and had tremendously lost interest in his duties, a trend which, apparently, was aggravated by the death of his wife in 2001. A search was conducted by his father and fellow soldiers in areas where he was suspected to be, including mortuaries but his whereabouts could not be ascertained. The serviceman was procedurally declared a deserter, which he is to date. (b) The Ministry has continued to look for the servicemen, so that they can be treated in accordance with the Armed Forces Act for desertion. Anybody with information on their whereabouts can volunteer it for further action to be taken by the Ministry. It will be in order, therefore, if the relatives so wish, to file cases in court when the time comes, seeking orders to presume them dead in accordance with section 118A of the Evidence Act, Cap 80 Laws of Kenya. This Section provides: âWhere it is proved that a person has not been heard of for seven years by those who might be expected to have heard of him if he were alive, there shall be a reputable presumption that he is dead.â"
}