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"id": 976828,
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"type": "speech",
"speaker_name": "Sen. Mutula Kilonzo Jnr",
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"legal_name": "Mutula Kilonzo Jnr",
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"content": "that our Chairman keeps calling the Director of Public Prosecution (DPP) the “Director of Political Prosecution” all because they think that every time you get a complaint, it is something that can be charged. In some cases, it cannot be. The other thing is that, in deferred prosecution, there is something called plea bargaining. This is where you get certain people who know what happened, as witnesses in the prosecution and is plea bargaining. Therefore, Sen. Farhiya, I would rather that in lifestyle audit, the DPP finds that the shoe that Sen. Kang’ata is wearing is so expensive, that he could not have afforded it. He then charges him in court. It is in the process of charging him in court where there is jurisdiction for plea bargaining. Therefore, the court that then has the matter can enter into a plea. Before that, it becomes very dangerous, because all power is capable of abuse; and we know that; this is Africa. If they have something against you and it is politics, they will come for you. Recently, the Supreme Court made a very interesting finding on the case of Prof. Ojienda. The law then by the High Court, which was a three-judge bench of the Court of Appeal, said that you cannot go behind somebody’s back and get into their account. Sen. Kang’ata received Kshs100 million and before you notify him, you cannot go to the bank and collect that evidence. The Supreme Court disagrees; that you actually do not need such sort of notice. I would, therefore, propose that in the case of Clause 7 – where you are doing search before a warrant – be restructured in such a way that it is not abused again. In the past, the criminal prosecution has been used to do searches without warrants for the wrong reason. All they need to do is to plant a gun in your house. They come to look for a bank account, but then they come with a gun and put it in your house; like the way I saw a policeman climbing over a gate by stepping onto a vehicle. All they need to do is to drive a vehicle and arrest you. Therefore, we must have a method, in lifestyle audit, on how you can do this so that the police do not abuse this power again, because it is capable of abuse. We must have a method of doing lifestyle audit so that the police do not abuse the power because it can be abused. As I said, there is the process of deferred prosecution in the High Court. We must find a way where even if the matter is not live, a criminal court can get jurisdiction by you being charged, the same way a prosecutor or investigator can get a search warrant in a miscellaneous matter without necessarily prosecuting you. There must be a method where you cloth the court with jurisdiction, so that the prosecutors can be audited in the event they make a mistake. Madam Temporary Speaker, the framework is good. How we will accept it in this country is something I do not know since the people we are targeting are power brokers, tenderpreneurs, profiteers, people with high insolence of power and governors, et cetera . Sen. Farhiya, this is something that has bothered the President himself. He said he will be the first one to undergo a lifestyle audit followed by his deputy and others. That announcement was made in Mombasa but has it happened? It has not because it is difficult. Up to what extent can you limit lifestyle audit? A governor was accused of depositing money in the accounts of the daughter and getting money for a person referred to as “customary law wife” according to the charge The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}