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"id": 100734,
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"speaker_name": "Mr. Nyamweya",
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"legal_name": "Manson Oyongo Nyamweya",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. Perhaps, just for the comfort of everyone, I can, in fact, summarize. I was a member of the Executive Committee in Bomas and in the deliberations of that Committee, there were very heated discussions; there were difficulties in exchanging views amicably and fairly. We were advised by the proposed director that we were at liberty to file and hold minority views, which were going to be recorded and which were going to be presented to the plenary itself for deliberation and discussion. We acted along those lines. Mr. Temporary Deputy Speaker, Sir, when we did get to the plenary, unfortunately, we were then now denied an opportunity by the same Secretary and Chairman to present those views. Now, in my humble submission, a behavior such as that, where you are entrusted with giving a fair hearing and justice to all people involved in whatever you are doing--- If it was not possible for him to at that point ensure that we were given a fair hearing, that is to ensure that the minority were also heard, and change the rules in the middle of those proceedings--- Now, Mr. Temporary Deputy Speaker, Sir, the question, therefore, is; is this same person going to be entrusted with an equally delicate task? How can we be comfortable that once he is appointed as the Director, he will comply strictly with the rules, since he has before exhibited that sort of character? Mr. Temporary Deputy Speaker, Sir, if you want the pages, I think it is not very particularly necessary; they are not very difficult proceedings to follow, but it led to a walkout because many people felt that the rules had been infringed and the law was not complied with, and you know the consequences of that. Now, that is one of the reasons why I resent this Motion. The second reason, Mr. Temporary Deputy Speaker, Sir, is that it is not a secret that the proposed director is or has been the head of a political party, and participated in the 2007 election in Kamukunji as a candidate. The other day when we were, in fact, discussing an aspect of the report on the cemetery saga to which, indeed, even the Deputy Prime Minister and Minister for Local Government took exception, about the Kenya Anti-Corruption Commission being politicized â I think that is on record, that it was being politicized â I felt it would be most uncomfortable to then put in place a politician to head that Commission. Mr. Temporary Deputy Speaker, Sir, for the record and so that nobody doubts what it is that we are trying to do, I myself, was appointed by His Excellency the President as a Commissioner to the Electoral Commission of Kenya (ECK) in 2003. I declined to take up that position because I was the Deputy Secretary General of the Democratic Party of Kenya and I had been a candidate in Nyaribari Masaba parliamentary election in 2002. I felt and still feel now that it is wrong for politicians to be entrusted with things which require the person to appear and be seen to be above board and non-partisan. I was not pushed by anybody to decline. I chose it because it would not be proper. I pointed this out to the appointing authority. Even if I was not going be biased, anybody would be open to say, elections were going to be rigged because an official of a party has been appointed as a commissioner. Subsequently, as you know, from 2007, part of the challenge in the elections was that the people who were appointed as Commissioners were from one side. Therefore, I think it would be improper for this House to suggest and propagate that people who have participated actively in politics and who are still actively in politics to be entrusted with responsibilities where just recently, we were saying this body has been politicized. How would I not be able to say this is the chair of this political party? I think it is Chama cha Uzalendo and it has two Members of Parliament here. If the same Director was called to investigate somebody from Kamukunji Constituency, would that person not be able to say he is picking on him because he has been his opponent? Surely, we cannot say, let bygones be bygones and set precedence where we appoint anybody because they qualify for the job. This is not purely on academic qualifications. Mr. Temporary Deputy Speaker, Sir, thirdly this goes to the Director Dr. P.L.O Lumumba and my good friend Pravin Bowry. When we were grappling with this issue in the Committee, we looked at the vetting procedure, particularly our predecessor in this Committee had looked at the US Congress process of vetting, particularly when appointing judges or such people. It is a requirement that you look at the portfolio that, that particular person has handled before you can approve the appointment of that person to be judge or in our case, the Director of such a sensitive position. It is important to look at the number or the sort of cases that the person has handled. Both Dr. P.L.O. Lumumba and Mr. Pravin Bowry have handled a large number of cases involving some of our largest financial scandals in this country. Speaking as a lawyer, one of the first things I would do for one of the people who are taken to court by the Director and Assistant Director would be to say to the court that the evidence the Director is about to adduce against me may be evidence he obtained from me when I was his client. How would I be able to say the cut-off; what investigations have you done which are independent from what I supplied to you as your client? I am reasonably sure the judge will say strike off that particular evidence. Therefore, if we were to appoint these people, we would actually be hampering the work of that body. Do you want to appoint people when the first task taken in the courts is to disqualify and strike out evidence? If we want to fight corruption, then we should put in a situation where that body is able to carry out its work without the officials themselves being an impediment. On that particular ground, I also find it very difficult to bring it to my conscience that this should be a good way forward."
}