March 30, 2021 NATIONAL ASSEMBLY DEBATES 1 PARLIAMENT OF KENYA THE NATIONAL ASSEMBLY THE HANSARD Tuesday, 30th March 2021 The House met at 2.30 p.m. [The Speaker (Hon. Justin Muturi) in the Chair] PRAYERS MESSAGE Hon. Speaker: Hon. Members, it will be communicated later. PETITIONS Hon. Speaker: The Member for Malava, Hon. Malulu Injendi. COMPENSATION FOR FAMILY OF THE LATE NANCY KHARWALI Hon. Moses Injendi (Malava, JP): Thank you, Hon. Speaker. This is Public Petition (No.013 of 2021) regarding compensation for the family of the late Nancy Kharwali. I, the undersigned, on behalf of the family of the late Nancy Sarah Kharwali draw the attention of the House to the following: THAT, Ms. Nancy Sarah Kharwali was shot and killed by police officers on 22ndApril 2012 (Death Certificate Number 0261207705) while washing clothes on the balcony of her residence on the 5thfloor of Elino House in Dandora Phase 4, Nairobi during an attempt by the police to control a riotous mob nearby; THAT, following the incident, the niece to Ms. Kharwali, who also serves as the legal administrator of her estate namely John Musotsi Wangusi, filed Civil Case No. 2025 of 2013, seeking compensation for the wrongful killing; THAT, on 16thMay 2019, the Milimani Commercial Court ruled that the police officers were culpable of gross negligence and awarded the family of the late Ms. Kharwali compensation totaling Kshs 3,325,200 and later issued decrees on 17thJuly 2019, with added interest that increased the total award to Kshs. 3,618,857.20; THAT, to-date, the Attorney General has failed to honour and effect this payment despite numerous reminders by the deceased’s family; THAT, the late Ms. Kharwali, who was the sole breadwinner, left behind a son (Erick Otieno) and a mother (Elizabeth Naliaka) who is single, deaf and dumb, and who are now suffering Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. March 30, 2021 NATIONAL ASSEMBLY DEBATES 2 from abject poverty and misery, with the young Erick being unable to join college due to lack of college fees; THAT, efforts to have the matter resolved by the Office of the Attorney General have not borne any fruit; And THAT the matters raised in this Petition are not pending in any court of law in Kenya. Now, therefore, your humble petitioners pray that the National Assembly through the Departmental Committee on Justice and Legal Affairs investigates the matter with view to securing, in collaboration with the Office of the Attorney General, the urgent release of the compensation payment due to the family of the late Ms. Nancy Sarah Kharwali so as to mitigate their ongoing suffering. And your Petitioners will ever pray. Hon. Speaker: Hon. Malulu Injendi, your Petition is directed to which committee? Hon. Moses Injendi (Malava, JP): The Justice and Legal Affairs Committee. Hon. Speaker: Very well. The Hon. Members who are standing, please, can you take your seats. AMENDMENT TO THE FIREARMS ACT, CAP 114. Hon. Speaker: Hon. Members, pursuant to the provisions of Standing Order No. 225(1) (b), I wish to report to the House that I have received a Petition from Dr. Machanga Mareko, National ID No. 6485106, seeking an amendment to the Firearms Act, Cap 114 of the Laws of Kenya to provide for mandatory mental examination as a precondition for acquiring a firearm license among other proposals. The Petitioner, a psychiatrist by profession and a firearms examiner at Kenyatta National Hospital, has highlighted several inadequacies in the firearms Act. In particular, he argues that lack of provisions requiring all applicants for firearms licenses to undergo mandatory mental examination as a precondition for issuance of firearms certificate might be a precursor to some of the incidences of misuse of firearms by some license holders. The Petitioner further contends that the Act does not clearly define what constitutes the legal use of a firearm. Consequently, he decries the fact that the lacuna exposes licensed firearm holders to criminal liability and/or murder charges in the event that he/she occasions injury or death even when the firearm is used for defence against a dangerous aggressor or on a humanitarian rescue mission. Hon. Members, the Petitioner is, therefore, praying that this House considers amending the Firearms Act to prescribe, among other things, that the use of a licensed firearm should not necessarily occasion a charge of murder or necessarily attract criminal prosecution of the licensed firearm holder. It should protect firearm holders from adverse criminal record that may deny such legal firearm licensees certain privileges and services as well as provide for mandatory mental examination for all applicants of firearm licences as a pre-condition for acquiring the licence. Hon. Members, having determined that the matters raised by the petitioners are well within the authority of this House, pursuant to the provisions of Standing Order No.227, this Petition is committed to the Departmental Committee on Justice and Legal Affairs. The Committee is required to consider the Petition and report its findings to the House and the Petitioners in accordance with Standing Order No.227 (2). Thank you. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. March 30, 2021 NATIONAL ASSEMBLY DEBATES 3 I may allow limited comments from the Floor on both Petitions. I am assuming that the people whose names appear on the intervention list desire to make some comments. Member for Imenti North, kindly, have the Floor. Hon. Rahim Dawood (Imenti North, JP): Thank you, Hon. Speaker. Regarding the first Petition by Hon. Malulu, there is a tendency by the Office of the Attorney-General, and the Government generally, not to honour compensations awarded by the courts. The Committee should, therefore, look at all compensations awarded by the courts against the Government and ensure that they are cleared. On the second Petition, the Petitioner is asking for mental tests of people who apply for firearms licences. We surely need the test because we even have cases of Members of Parliament who have pulled out guns during confrontations with other people; something which is not good. I support both Petitions. Hon. Speaker: Member for Kimilili. Hon. Didmus Baraza (Kimilili, JP): Thank you, Hon. Speaker. I want to support the Petition raised by Hon. Malulu Injendi. Many Kenyans are suffering because of lack of action from the Office of the Attorney-General. It is high time that this Committee looks into this matter to ensure that the Office of the Attorney-General serves Kenyans. They should also hasten their action so that Kenyans do not continue to wait in vain. I support the Petition. Hon. Speaker: Member for Central Imenti. Hon. Moses Kirima (Central Imenti, JP): Thank you, Hon. Speaker. I stand to support the Petition regarding firearm licensing on the grounds that a number of times firearms have been issued to people of unstable minds who, when provoked just a little, pull out their firearms. Such action borders on violence. In some instances, one may commit an offence that will be referred to as “murder”. That notwithstanding, when will a firearm be deemed to have been used properly or in a way that one will not be said to have committed murder, especially when the holder has been exposed to danger? As I support the Petition, I urge the Members of the Committee to look at the law to ensure that when it is properly used, one is not charged with murder because murder is an optimum crime. Once one is charged with murder, even though he may get bail, he faces a lot of challenges even in terms of securing the right bond at the right time. People are locked up for a long time before bond issues are considered by the courts. I support the Petition. Hon. Speaker: Nominee 001. Hon. David ole Sankok (Nominated, JP): Thank you, Hon. Speaker. The Petition on mental check-up is important for those applying for firearm licences. The Committee should look into this matter and even extend the check-up to be yearly. Mental problems can be acquired at any time along the way. Since a firearm licence is renewed yearly, a renewal application should be matched with a mental check-up note. We should also prescribe in law that a firearm is deemed to have been used properly if it has been used in self-defence so that you are not charged with murder in the event that you used the firearm to defend yourself or members of your family. Hon. Speaker, I finally seek your direction. Sometimes I see Members who have not put on face masks yet we are in a red zone. It is painful to see somebody not wearing a mask or not vaccinated yet they owe you some money. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. March 30, 2021 NATIONAL ASSEMBLY DEBATES 4 (Laughter) Hon. Speaker: Member for Kathiani. Hon. Robert Mbui (Kathiani, WDM-K): Thank you, Hon. Speaker. The issue of firearms is sensitive. Having grown up in a military family, I know that if you make a mistake in the use of a firearm, you cannot apologise because the other person will already be dead. It is, therefore, important to confirm the mental status of individuals who own firearms. That is something which has to be done properly.