10 Nov 2021 in Senate:
Thank you, Mr. Speaker, Sir, for this chance to make my contributions to this very important report by the Committee on Justice and Legal Affair and Human Rights. Mr. Speaker Sir, I had an opportunity to follow the trail of the work of Committee as they began this particular exercise and as they pitched tent in Mombasa. I watched a number of their sittings because many of their public hearings were televised. On many
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10 Nov 2021 in Senate:
occasions, it was sad listening to the families of many of these young people. Most of them are actually teenage sons or just slightly out of teenage. They are forced to go through this harrowing experience which presents to us a very dicey situation. Mr. Speaker Sir, I say dicey because we are actually debating this report at a time when this matter is very alive in our country. You are aware that currently, there are five terror suspects that are out at large. People are being informed that if they spot them anywhere, they should report. In fact, people ...
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10 Nov 2021 in Senate:
the rights of the millions that are at stake in trying to protect the rights of a single individual. There have been all manner of thoughts about this particular topic. Therefore, it is not as easy as we may want to reduce it. It is not one of those things that you can either just go left or right about. Mr. Speaker Sir, I see that many of the proposals that are made in the resolutions of this particular Committee are fairly progressive. This is because they points out to institutions or bodies that we need to set up. This ...
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10 Nov 2021 in Senate:
Mr. Speaker Sir, unfortunately, that answers only one side of the challenge. Somebody needs to speak for our men and women in uniform. Somebody needs to narrate these from their perspective. I have said that the unfortunate thing about this particular debate is that when you speak as I am, you are actually challenged to pick a side. It is either you are with us who are complaining about this enforced disappearance or you are with the police officers.
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10 Nov 2021 in Senate:
I do not believe in that narrow perspective. There should be a better way of handling this matter. We can ensure that those who have been involved in activities that threaten the very existence of our society are brought to book if there is credible evidence that confirms that they are terror suspects. We probably need to build a proper judicial system that does not allow those leaks. Like When you speak to the Anti-Terror Police Unit (ATPU) officers, they will tell you that many at times have they arrested suspects with all the evidence pointing to their involvement in ...
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10 Nov 2021 in Senate:
Mr. Speaker Sir, this is the danger that I was speaking about and I think that it emanated from the 2005 referendum where we had orange and banana side. In many occasions, Kenyans will want to either pick left or right on any particular issue. I wish Sen. Faki listened to me because I did a good job at explaining my point. I said that there is no easy solution to this particular issue. He has referred to the explanation that I gave. I was explaining the reason as to why many officers resort to those kind of heinous acts. ...
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10 Nov 2021 in Senate:
Thank you, Mr. Speaker Sir. That is very useful information. I want to engage Sen. Faki and everyone else who is listening. I said that my presentation is based on a conversation that I had with an officer who works at ATPU. I followed through the presentations by the NGOs when the Committee was in Mombasa. Nation Television Network (NTV) aired those proceedings live. I know an officer who served in that institution. I asked him why they did the kind of things that the families were narrating and he explained to me the challenges that they face. That is ...
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10 Nov 2021 in Senate:
This is what he told me: ‘This is my job but I also have a family that I have to take care of.’ He explained to me the reason as to why his colleagues do those kind of things. He told me that those people bribe their way out. He said that the problem could either be how the Kenyan judicial system works, our laws or gaps that exist therein. He said that they at times present suspects who are dangerous to the society with very strong just to find out that those people are out on bail. A good ...
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10 Nov 2021 in Senate:
We appreciate that these officers may have all the evidence against this person but it is not their duty as officers, to determine guilt or otherwise. You cannot have it both ways. You can only accuse, but it is upon a competent jury to make a determination and say that the person is either guilty or innocent in that particular situation. Mr. Speaker, Sir, this is not complete though, especially in their proposal for a multi-agency, if you do not involve the Judiciary. The Judiciary is a key player and a key stakeholder in this journey if you want to ...
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10 Nov 2021 in Senate:
By and large ---. I think our good colleague from Kilifi is following the presentation and helping me along, but he is making me lose my trail of thought at it. I know largely he agrees with what I am saying. I was concluding Mr. Speaker Sir, because I know colleagues want to speak to this issue. This is a very well-done report by the Justice, Legal Affairs and Human Rights Committee. This Committee continues to distinguish itself when given such an important assignment.
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