Moses Masika Wetangula

All parliamentary appearances

Entries 5701 to 5710 of 6535.

• 11 Oct 2011 in National Assembly: I support the Bill and the sentiments that I have heard from my colleagues who have spoken before me. view
• 11 Oct 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, I have practiced law in this country for a very long time. For many years, I literally used to be, perhaps, the only lawyer who used to practice law in northern Kenya, before District Officers (DOs) and District Commissioners (DCs). It used to be a very difficult experience. There is one time I went to Mandera to represent a client. The family had chartered a single-engine aircraft. I arrived in Mandera and went to court which, of course, was the DCs office. The magistrate was the DC and the prosecutor was a policeman working under ... view
• 11 Oct 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, we have come a long way. Now people know their rights. They know where to go when their rights are violated. But as you know, being my senior, we always have this maxim in law; that who will watch the watchers? The police are watching on us and we must have somebody to watch over the police, hence, this Oversight Board. I think in having this Oversight Board, we must be very clear in what we want to do. I think the idea is very good, because when there is police misconduct within themselves, you ... view
• 11 Oct 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, when you have such an Oversight Authority, then we must also make it a just body. First, I do not think that this country will move forward if we start digging yesterday’s graves. I think we must have a starting point where this Board is going to start and move on. That is because if we say that any police officer who was wronged 20 years ago can now be dragged before this Authority or Board, then it will not work. I know we have legislation in the Constitution against retrospective application. But unless it ... view
• 11 Oct 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, secondly, I agree with hon. Affey that an Authority such as this is quasi judicial. Therefore, it should not be given an open-ended operational timeframe. When a complaint is made, the rules that will govern the operations of the Board, which I do not expect to be in the statute, must be very clear in the format of the complaint. The complaint must be dealt with and concluded within no more than 90 days given the fact that they have to gather evidence and so on. view
• 11 Oct 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, thirdly, I have not seen that, but it may there, because I have just had a casual look at the Bill, I would expect that the redress of judicial review lies to any member who appears before the Board and is not satisfied with the outcome of the complaint. So, they should be able to file applications to the High Court for judicial review of any decision of the Board, if they are dissatisfied on matters of procedure and so on and so forth. We all know, and being a lawyer, what judicial review entails. ... view
• 11 Oct 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, fourthly, I think that if this Board will serve Kenyans effectively, perhaps, saying they open a unit in each county is overstretching, because we must also be conscious of the desire to limit the use of resources, so that they go into developmental issues. However, I think that clustering several counties and giving them a unit to deal with matters, because you know when you talk about police division, they do not necessarily follow administrative boundaries. So, the Police Oversight Authority can follow the cluster of police divisions. For example, we could say, a number ... view
• 11 Oct 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, the point that hon. Affey raised is also very important. There is this new obsession and mania in this country about degrees. When you are dealing with a body like this, you are looking for just and honest people. It is very good that the Chairman is a person qualified to be a judge of the High Court. I support that because it is a quasi judicial. I would urge the Minister that the Secretary of the Board should also be a lawyer. This is because he is going to engage in recording proceedings that ... view
• 11 Oct 2011 in National Assembly: On the issue of the composition of the Board, while it is as good as everybody says that people possess degrees, but we have a lot of qualified Kenyans who do not have degrees, but have gone through education properly and can be very just in the discharge of their responsibilities and duties on a matter as important as this. I would want as to leave it open so that while you have university graduates on the Board, there are Kenyans out there, very able men and women who through the school public opinion, through the school of public experience, ... view
• 11 Oct 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, one of the challenges we have in this country of course is inadequate training that we have been giving to our police force. As a new law like this come in that is going to affect their performance, in terms of complaints against them, I think the process of retraining that has been mentioned by previous speakers is very important. When you look at the composition of the Board, there is a provision in Article 9(c) that the Chairperson of the Kenya National Human Rights and Equality Commission should sit on this Board as ex-officio ... view