7 Feb 2017 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I appreciate the kind words from you and the Leader of the Majority Party. In spirit, I am a Kenyan and I feel a northerner. I am not a stranger to the interests, cries and pains of the people of this country, whether they are in Garissa or whether they are victims of torture in Eastleigh or anywhere else in this country. I am happy to second this Bill. Kenya is a signatory to the Convention against Torture, which is an international UN treaty. Might I inform you that as we pass this Bill ...
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7 Feb 2017 in National Assembly:
Commission on Human and People’s Rights two years ago, Kenya was scrutinised very critically and asked why we had not passed the Prevention of Torture Act and the Coroners Bill, which I am happy last we passed in the Second Reading. Articles 25 and 28 of our Constitution mention freedom from torture and cruel treatment and the dignity of all persons. I think we are setting a standard for the continent. I would like to comment on a couple of clauses of this Bill. The first part of it is that the Victims Protection Act will provide many remedies and ...
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7 Feb 2017 in National Assembly:
it would be the Kenya Wildlife Service (KWS) rangers. They would arrest a poor victim looking for firewood, or who has gone to hunt for an antelope to feed his family. At times the arrested victims get mistreated. They are even punished without being taken to court. Those are acts of torture by State agents. Perpetrators can also be the military and the police or whoever else acting in his official capacity. When I read through the list of painful things that constitute physical torture---
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7 Feb 2017 in National Assembly:
Hon. Temporary Deputy Speaker, maybe, he is being tortured mentally or psychologically. The acts that constitute physical torture include systematic beatings, banging one’s head against some hard surface, punching, kicking, striking someone with truncheons and rifle butts and stepping onto one’s stomach. These are the easiest examples we can cite. The police sometimes use excessive force while arresting people. They even fire gunshots. Sometimes they forcefully feed suspects on spoilt food or suspects are subjected to electric shocks. We have heard about burning of suspects with cigarette and drowning, waterboarding and those kinds of things. This list is very comprehensive. ...
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7 Feb 2017 in National Assembly:
Overall, the Bill is good. I am happy that there is adequate preparation to remedy this situation, including restitution.
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7 Feb 2017 in National Assembly:
Hon. Temporary Deputy Speaker, there should be adequate compensation and rehabilitation. A person who commits an offence is jailed or fined. The money paid as fine goes to the State while the victim of the crime gets nothing. However, Clause 17 of this Bill is very clear on the kind of support and remedies that victims of crime must get. Finally, to our law enforcement officers, the law that we are proposing here is very clear. According to the Constitution, there are no exceptional circumstances to justify torture, not even an “order from above.” An order from a superior officer ...
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7 Feb 2017 in National Assembly:
torture. You cannot say that you were ordered by your superintendent to do it. You have to follow the law. If you breach it, you will be held individually capable. With those many remarks, I beg to second and, as the Leader of the Majority Party said, invite all members of the civil society and the academia fraternity to give us feedback on what we have done, so that we can incorporate their views during the final stages of this process. Thank you.
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7 Feb 2017 in National Assembly:
On a point of information, Hon. Temporary Deputy Speaker.
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7 Feb 2017 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I also wish to thank Hon. Ochanda. There are other relevant institutions that we can clarify in the Bill. We have the National Police Service Commission and the Independent Policing Oversight Authority (IPOA). There is also a section of the Bill that speaks to the very important issue the Member has raised on the question about who to report to and if they can collude being the agents that perpetrate torture. It is like reporting to, most often, the perpetrators of torture in this country like the police. But there is a section of ...
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2 Feb 2017 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I am glad you noted my presence and diligence in the House. As one of the representative from Nairobi County, one of the heaviest counties with 17 constituencies, I am happy to contribute to this debate.
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