Aden Bare Duale

All parliamentary appearances

Entries 6501 to 6510 of 17810.

• 26 Apr 2018 in National Assembly: Hon. Temporary Deputy Chairman, I tend to agree with the Chairman of the Departmental Committee on Administration and National Security because there is a procedure that the law enforcement officer must follow to obtain a search warrant to conduct a search or seizure of any stored data. If you compare that with the amendment by the Chairman of the Departmental Committee on Communication, Information and Innovation, it is better improved by the one that the Chairman of the Departmental Committee on Administration and National Security has made clearer. He is proposing to replace the entire clause with his amendment. What ... view
• 26 Apr 2018 in National Assembly: Hon. Temporary Deputy Chairman, we cannot legislate a law that contravenes the Constitution. Somebody will go to court and the courts will annul that piece of legislation. I totally agree with the deletion by Hon. Kisang. He cited Article 24 and Article 31 of the Constitution. Article 31 talks about privacy. Every person has a right to privacy, which includes the right not to have their person, homes and property searched, their possessions seized or information relating to their family or private affairs recorded unnecessary. That is why the element of a search warrant has been brought. Firstly, we cannot ... view
• 26 Apr 2018 in National Assembly: violate your rights given under Article 31 of the Constitution. I want to agree with Hon. Kisang, that we delete Clause 24 because the other section that the Chairperson of the Departmental Committee on Administration and National Security raised earlier can cover it. So, we must also protect the citizens. We cannot also legislate if it contradicts a provision of the Constitution. view
• 26 Apr 2018 in National Assembly: Hon. Temporary Deputy Chairman, since the Chair of the Committee on Administration and National Security and the one of Communication, Information and Innovation are deleting, it will be very good if the Chairperson of the Departmental Committee on Administration and National Security tells us which area he is deleting and the justifications. view
• 26 Apr 2018 in National Assembly: Hon. Temporary Deputy Chairman, I also stand to oppose. The Chairman of the Departmental Committee in charge of security wants to give the security agencies a blank cheque. Look at Sub-clause (4) which he wants to delete. It says: “A court may, on reasonable ground being disclosed, allow a person who has qualified under sub-section 2(a) or (b) access and copy data on the system.” When a security officer comes to your house with a search warrant and intends to pick certain computer gadgets, it is within the rights of that person to record, because you never know that the ... view
• 26 Apr 2018 in National Assembly: I want the Chair to explain better. I think the Central Authority we are establishing, the Director of Public Prosecutions (DPP) has prosecution powers as a Member. The Director of Criminal Investigation (DCI) and all those who work under the DPP have prosecution powers. I disagree with the Chair, we should not remove the words “and prosecuting”. The essence of bringing the DCI and the Inspector-General (IG) is to investigate. We have the DPP in the Central Advisory Board for him to prosecute. If you remove the word ‘prosecution’, then you are telling us that the DPP has no role ... view
• 26 Apr 2018 in National Assembly: Hon. Temporary Deputy Chairman, Clauses 3A to 3J talk about the National Computer and Cybercrimes Coordination Committee. If you look at the membership, you even have the Chief of Defence Forces there. You have the DPP and the Attorney-General. In fact, in best practice and in other countries that I have checked, it is under the national security council. That is why Hon. Osotsi will agree with us that it is only the coordination of that committee. That is why the Chair has moved a further amendment and introduced the PS in charge of ICT and CAK to be members. ... view
• 26 Apr 2018 in National Assembly: of internal security sits in NSAC and at times, even chairs NSAC on behalf of the President, we felt that that is the security aspect of it. I think we agree with the Chair. So, Hon. Osotsi, you will forgive us. It is only that coordination which we have moved to the ministry in charge of internal security and it is from best practice. In fact, we should even have stated that this committee reports to the NSAC. It is there. view
• 26 Apr 2018 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move: THAT, the Bill be amended by inserting the following new Clause immediately after Clause 12— 12A. A person who knowingly publishes information that is false in print, broadcast, data Publica tion of or over a computer system, that is calculated or results in panic, chaos, or violence among false citizens of the Republic, or which is likely to discredit the reputation of a person commits inform an offence and shall on conviction, be liable to a fine not exceeding five million shillings ation or to imprisonment for a term not exceeding ten ... view
• 26 Apr 2018 in National Assembly: Hon. Chair, I looked for the term “fake news” in law and I could not get it. There is nowhere in law I could find that term. This amendment proposes to introduce and define the scope of the offence of publication of false information to tackle emerging offences of fake news. The ingredients have been informed by the existing legislation from similar jurisdictions in the Philippines and Malaysia. The definition falls within the offences that relate to the scope of the offence within the Bill and that are conducted over a computer. If Members can remember, the late Hon. Biwott ... view