6 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, why can I not ask it myself?
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6 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, you know---
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6 Aug 2014 in National Assembly:
Thank you, hon. Speaker for this opportunity. I want from the outset to declare that I will be opposing this amendment Bill on specific grounds. However, my main concern is the matter of the amendment proposed in the Criminal Procedure Code. Hon. Speaker, in my view, after the right to life one other important right is the right to liberty. When one is denied bail what in effect it means is that one’s freedom or liberty has been curtailed. Even in the very draconian old Constitution that we fought so hard to bring down, the only situation where one would ...
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6 Aug 2014 in National Assembly:
Hon. Speaker, if you look at Article 49, and I want to read it quickly, it says: “An arrested person has the right- (h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.” We are trying very hard to reverse the clock of change. If we look at the proposed sub-section 2, it says that in making a decision under sub-section 1, the court or police officer shall have regard to all other relevant circumstances. In particular, if you go to part “b” it talks ...
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6 Aug 2014 in National Assembly:
arbitrarily. They will be kept behind bars so as to stop them from enjoying their rights which are guaranteed under the Constitution. This is a mischief that if allowed will see us return to the dark old days where people were punished for things such as political beliefs. We see where we are currently in this country, where intolerance is creeping back. If we allow this kind of thing, you will not be surprised to hear one or two Members of Parliament are already in custody on very flimsy grounds and being denied the right to bail and therefore losing ...
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6 Aug 2014 in National Assembly:
On a point of order, hon. Temporary Deputy Speaker. If I got the hon. Member right, he implied that one who has been charged in a court of law is a criminal who should be kept behind bars in order not to come out and disturb society. Is he really in order to cast aspersions on Kenyans who are undergoing due process of law and condemn them as criminals before they are convicted? My point of order is that the hon. Member is out of order to imply that Kenyans who have been charged in court of law are criminals ...
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6 Aug 2014 in National Assembly:
Rule him out of order because he is misleading the House.
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6 Aug 2014 in National Assembly:
My point of order is that he is out of order and therefore we should rule him out of order and make him apologize. The Temporary Deputy Speaker (Hon. Kajwang’): Is he in order in the sense that he is misleading the House to the effect that he is changing the constitutional concept that a person who is accused is not necessarily guilty of the offence?
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6 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, it cannot be put any better. That is the correct position.
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6 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, what I am trying to say is that it is clear that one who has been charged in a court of law---
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