13 Nov 2014 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. From the outset, this is a very good law. In fact, when you look at the criminal laws in this country, they were meant to punish people rather than rehabilitate them. This is because they were enacted by foreign forces, or powers, who wanted to emasculate and ensure that Africans suffered. So, this is a very good law. It gives effect to the Constitution of Kenya, 2010. In fact, it is a ground-breaking law. When you look at the definition of “inter-sex,” or persons with both male and female organs, it is a new ...
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13 Nov 2014 in National Assembly:
First of all, I would like to talk about Clause 4, which sets out the provisions of the right to privacy. Of course, there must be limitations to these freedoms. They are good, and one does not believe that these rights are absolute. You cannot be allowed to hurt others, or compromise security. However, Clause 5 talks of the right to humane treatment and respect for human dignity of persons deprived of liberty. Although there are those limitations, it is very important that a human being, whether in custody in a prison or a police station, should be treated as ...
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13 Nov 2014 in National Assembly:
When you look at the issue of property, you find that somebody who is arrested may have money or other valuables, and then they never trace it even at the police station. It is very important that this is documented, so that whenever you are in police custody, or in prison, when you get out, you get all your property. The other good thing about it is that, even if you are in prison, you can always have somebody else pick your valuables with your authority. This is long overdue.
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13 Nov 2014 in National Assembly:
The other important thing is the right to due process of law. Most of the time people do not know their rights. Many Kenyans are illiterate. They do not know that they have a right to a fair hearing, legal representation and even an interpreter. This one clearly makes it mandatory that whenever you are arrested before or during trial, you are entitled to some of these things. It is an important thing that when you are arrested, or when in custody, you are always able to access representation, interpreters and all that. As I said earlier, it is a ...
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13 Nov 2014 in National Assembly:
There is also the issue of reasonable accommodation, clothing and health care. Most of the times, when healthy persons go to prison or even police custody, when they come out, they do not live for long. This is because they are misreated. Somebody has a medical condition, it is not treated even when it is an illness that requires continuous medication. They are deprived of all this. What is contained in this Bill will ensure that everybody gets their rights, medication and clothing. It is an important step which we should, as a House, take.
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13 Nov 2014 in National Assembly:
On beddings, most of the people get into prison healthy and come out dying because of exposure to elements like cold, dust and pneumonia. This is not a big thing. Some people will say that when you make people too comfortable in prison, they will be running to prison all the time. People will be committing offences to go to prison. It does not matter. The most important thing is that you maintain their dignity and health. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the ...
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13 Nov 2014 in National Assembly:
The other important thing is the right to education. Prisons have become incubators for criminals. When you separate them there is a place for the young children and a place for lactating mothers until the child is four years old; this will ensure that children are not exposed to criminal elements. If you mix criminals with children, definitely, you will create a society of criminals. We are providing that women should be in separate places, lactating mothers in a different place and old people in a different place; this is the right step to take. This House should support it ...
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13 Nov 2014 in National Assembly:
The establishment of the consultative committee on persons deprived of liberty is also important, more given the fact that they can even complain to the Cabinet Secretary when they are mistreated and somebody can be punished.
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13 Nov 2014 in National Assembly:
Therefore, I support the Bill and request my colleagues to support it.
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28 Oct 2014 in National Assembly:
Hon. Chairlady, I would like to oppose the proposal by hon. (Ms.) Lay. This is because constitutionally, minerals belong to the national Government. We cannot have anybody else undermining the control that the national Government has. I, therefore, go by the proposal by the Committee.
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