27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, I am aware. With regard to the Constitution as referred to by hon. Abdikadir, it is about persons who have been arrested. Whether they are children or adults, they must be taken to court within 24 hours. This is just information that the child has been arrested and may be taken to court. The parents are not even aware that such a child has been taken to court or is being held in detention. That information must be communicated. Many times, people are just held and you do not know where they are; whether they are ...
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27 Nov 2014 in National Assembly:
Yes, hon. Temporary Deputy Chairlady, thank you very much. You know the amendment that we are proposing, we are seeking to bring in a law in accordance with what is required in the Constitution. This is just for purposes of persons being held. All the other considerations must be obeyed as it is contained in the Constitution. It is not for a law enforcement officer to hold the person beyond the 24 hours that is required after arrest. That is not what they are supposed to do. This is just purely for information to the parents, legal representatives and guardians ...
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27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, when it comes to arresting people, I think it is regulated by the Constitution. If you have been detained pursuant to a lawful order, you are in compliance with the Constitution. I suggest that we delete the word “arrested” and we leave
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27 Nov 2014 in National Assembly:
Thank you, hon. Temporary Deputy Chairlady. We have conceded that when we come to arrests, I note what hon. Aden and hon. Wanyonyi have said. I think we concede removing the word ‘arrest’ because it is well taken care of in the Constitution. But where a child has been detained or deprived of liberty in execution of a lawful order or sentence, then the parents should be informed. What we are assuming is a child who has been to school and the parents of the child are thinking that their child is in school, yet they have been arrested. They ...
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27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, I propose to move a further amendment as follows:- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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27 Nov 2014 in National Assembly:
“(1) Where a child is detained or deprived of liberty in execution of a lawful sentence, the competent authority shall within seven days notify a parent or guardian of the child of such detention or deprivation of liberty.”
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27 Nov 2014 in National Assembly:
Can we agree on 48 hours?
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27 Nov 2014 in National Assembly:
We concede, 48 hours. Hon. Temporary Deputy Chairlady, let me move the amendment again. I beg to move:- “(1) Where a child is detained or deprived of liberty in execution of a lawful sentence the competent authority shall within 48 hours notify a parent or guardian of the child of such detention or deprivation of liberty.” Thank you.
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27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move:- THAT, clause 24 of the Bill be amended in subclause (1) by deleting the words, “subject to Regulations,” appearing immediately after the word “is” We are proposing that Clause 24 be amended by deleting the words “subject to Regulations” so that the care that is being provided by the mother to a child whom she is with in detention or in prison, should not be subject to regulations but it should be in accordance with the law. A mother deprived of liberty is entitled to take personal care of the child until ...
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27 Nov 2014 in National Assembly:
I beg to move:- THAT, clause 25 of the Bill be amended in subclause (3) by deleting the words “Cabinet Secretary” appearing immediately after the word “The” and substituting therefore the words “Competent Authorities” The reason why we are stating that is that for people who have already been detained or imprisoned--- You know the Cabinet Secretary just makes policy. It is not for the Cabinet Secretary to ensure that the facilities that are provided in prison meet human standards or meet certain criteria. It is incumbent upon the prison authorities, including the Cabinet Secretary who is also part of ...
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