Aden Bare Duale

All parliamentary appearances

Entries 8641 to 8650 of 17810.

• 7 Feb 2017 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. I can see the Hon. Member for Kibra is around. According to the Constitution of Kenya and the UN Convention, freedom from any form of torture, cruelty, inhuman or degrading treatment is a non-derogable right. It is one that cannot be suspended or waived at any particular time or in any circumstance. You cannot wave your right to dignity. That is basically what the Constitution and the Convention state. However, acts of torture continue to be perpetuated by state agencies against civilians. This is according to reports emanating from within the country and internationally. ... view
• 7 Feb 2017 in National Assembly: life. It is perpetuated by state agencies, non-state actors and militia groups, some owned and run by political leaders. The object of this Bill is to give effect to the provision that the sanctity of life and dignity must be preserved, respected and protected. view
• 7 Feb 2017 in National Assembly: That is the genesis. Let me now go to the highlights of the Bill. Part I of the Bill provides for the definition of terms and application of the Bill. Clause 3 provides for the scope of the application. How far can we apply this piece of legislation? We can apply by clearly stating that this law applies to the citizens of Kenya or persons under the jurisdiction of Kenya at the time of the commission of the offence. So, this law is applicable on torture against our citizens or other people who live within our jurisdictions. For instance, this ... view
• 7 Feb 2017 in National Assembly: Part II of the Bill covers the nature of torture and cruelty. It defines the various types of degrading treatments and torture. Clause 4 defines the term “torture”. This definition is in line with the definition provided under the UN Convention against Torture and inhuman or degrading treatment or punishment in which Kenya is a state party. By virtue of Article 2(6) of the Constitution, it forms part of Kenya’s law. Being a signatory to the UN Convention, that section becomes part of our laws. So, the convention against torture includes acts perpetuated by a limited class of persons, namely, ... view
• 7 Feb 2017 in National Assembly: Clause 5 of the Bill creates the offence of torture and its penalty. If you commit torture, what are the penalties? A person who tortures another person shall upon conviction be liable to imprisonment of a term not exceeding 20 years. I want to plead with the House not to reduce that penalty. There are many acts you can commit, but when you torture another human being and degrade him or her, or do inhumane things to that human being, you must suffer a sentence not exceeding 25 years. In the event the victim you have tortured dies, the person ... view
• 7 Feb 2017 in National Assembly: Clause 6 of the Bill states that there is no justification whatsoever for torture. It is very clear and it is in line with Article 25(a) of the Kenyan Constitution, which lists freedom from torture as one of the rights that may not be limited. This is what many key leaders and many people went through during agitation for the new Constitution and new democratic space. There were many Kenyans including Hon. Koigi Wamwere, Hon. Raila Odinga, my former party leader and our competitor right now, Hon. James Orengo, my current lawyer and many people who were tortured because they ... view
• 7 Feb 2017 in National Assembly: Clause 7 creates an offence where one is liable. Clause 9 renders as inadmissible evidence any information obtained through torture. If you use torture to retrieve information that you want to use in a court of law, this legislation says that, that evidence is inadmissible because it is obtained through torture. This is what the people of northern Kenya went through. I am sure my late dad and many people during the 1960s and 1970s in the times of the Shifta wars or MauMau and even during the Mungiki uprising, were tortured. Many people were tortured for them to speak ... view
• 7 Feb 2017 in National Assembly: Clause 10 of the Prevention of Torture Bill provides that there shall be no immunity and amnesty granted through torture. If you torture another citizen, do not expect immunity or amnesty granted to you as the person accused of torture. Clause 11 of the Bill prescribes the matters to be taken into consideration by courts during sentencing of persons convicted under this Act. It includes the duration of torture, the victim’s state of health, gender and religion. Let me talk about gender. You have seen the way many women in this country suffer from their husbands, political competitors and boyfriends. ... view
• 7 Feb 2017 in National Assembly: This is a very important Bill. Clause 21 of the Bill seeks to bar the transfer of detainees to any place if there are reasonable grounds to believe they are likely to be subjected to torture or cruelty. As we move this Bill, I am sure our security agencies must know that it is not at their pleasure to torture citizens in the course of their duty. Those who do so will carry their own crosses. This is not found in the National Police Service Act, National Intelligence Service Act, Kenya Defence Forces Act or in any other state agencies. ... view
• 7 Feb 2017 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. You know the problem with Hon. Sumra, his sycophancy level has reached very high. I am ready to offer him a seat but he does not come from my clan. My clan will not allow him. I am sure the people of Kibra are watching me. They know his track record. They know his development record. Based on that, they will elect him. I also want to advise, if you allow me, that there is no need of forming 11-member committee. The presidential candidate for NASA or NASWA or CORD is none other than ... view