Abdikadir Mohammed

All parliamentary appearances

Entries 741 to 750 of 1092.

• 10 Dec 2009 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 69 be amended— (a) in Subclause (3), by inserting the following expression immediately after the word “order”— “if the court is satisfied that— (a) a criminal investigation has been started in Kenya with regard to an offence; (b) there is reasonable cause to believe that a person leads a criminal lifestyle and has benefited from his criminal conduct.”; (b) in Subclause (5), by inserting the following new paragraph immediately after paragraph (b)— “(c) provision for the purpose of enabling any person to carry on any trade, business, profession or ... view
• 10 Dec 2009 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 104 be amended by deleting Subclause (4). Mr. Temporary Deputy Chairman, Sir, with you permission, let me read Subclause 4:- “A person is not entitled to refuse to produce documents ordered to be produced under this section on the ground that: view
• 10 Dec 2009 in National Assembly: (a) the document might tend to incriminate him or make him liable to a penalty; or view
• 10 Dec 2009 in National Assembly: (b) the production of the document would be in breach of an obligation---” view
• 10 Dec 2009 in National Assembly: Mr. Temporary Deputy Chairman, Sir, in criminal law, you have a right not to incriminate yourself. In other words, if you went to court in a criminal case and you decided to keep quiet, it is up to whoever is alleging that you are a criminal to prove that you are a criminal. It is the right under our Constitution to be presumed innocent until proven guilty and it is based on the fact that the State has all the resources and that you are entitled to protection under the Constitution. view
• 10 Dec 2009 in National Assembly: Mr. Temporary Deputy Chairman, Sir, when you tell me in this Act that you cannot refuse to give me things that will incriminate you, what you are essentially saying is that the provision that you are innocent until proven guilty is turned upside down. These are criminal offences that we are talking about. Therefore, we propose the deletion because one is presumed innocent until proven guilty. Secondly, the production of the documents would be in breach of an obligation. We are thinking of the lawyers. A lawyer is entitled to keep in trust documentation and information belonging to his or ... view
• 10 Dec 2009 in National Assembly: Mr. Temporary Deputy Chairman, Sir, we would propose the deletion of those two sections. view
• 10 Dec 2009 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I beg to move:- view
• 10 Dec 2009 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I appreciate what the hon. Minister has said. Clause 104 deals with production orders. It states:- view
• 10 Dec 2009 in National Assembly: “Where a person has been charged with or convicted of an offence (the charge has already happened and he has already been convicted) and police officer has reasonable grounds for suspecting that any person has possession or control of---“ It goes ahead to state: “---that the police officer ought to apply on a ex parte basis.” Mr. Temporary Deputy Chairman, Sir, that means that the police officer alone goes to court to seek “a”,”b”,”c”,”d”. The problem is that when those orders are being given, the police officer is alone. The police officer goes to court alone. It is not what ... view