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"speaker_name": "Mr. Keynan",
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"legal_name": "Adan Wehliye Keynan",
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"content": "Mr. Temporary Deputy Speaker, Sir, the purpose of the visit was to evaluate the performance of some of our missions. We could not visit all the missions that are scattered in different continents. We picked on London which is the epicentre of our diplomatic representation because of the historical relations that we have had with the United Kingdom. We also picked on Turkey because it is a bridge between the Middle East and Europe. Finally, we went to Ireland because we wanted to find out the criteria used by the Ministry of Foreign Affairs or the Government in establishing missions in different parts. We picked on Ireland because it was represented by our High Commissioner in London but sometime in 2007 the Government of Kenya decided to open a mission in Ireland while the Irish Government was trying to close almost all the missions south of the Sahara. 37 Wednesday, 7th April, 2010(A) I would say that the economic conduct on bilateral trade between Ireland and Kenya is almost negligible. We have a mission there with more than sixty staff members. I do not want to say more for the purposes of what the staff in our mission told us. But I think the criteria used in opening that mission was to have economic diplomacy. The trend has changed. Previously during the cold war, we used to have political diplomacy that embraces politics but right now the scenario has changed. We emphasize on economic, tourism and cultural diplomacy. But the key thing here is economic diplomacy. That having been our mission, the second purpose of our mission was also to forge bilateral relations, and in particular these days, there is also Parliamentary diplomacy which is playing a key role during our visits to different countries and interacting with different parliamentarians including the Committee on Defence, Foreign Relations and Intelligence. In Turkey, we had the opportunity to interact with the Minister for Security and Social Welfare and we really learnt a lot. Madam Temporary Deputy Speaker, the third objective was also to share our views and experiences with committees that have oversight role on security. You realize that in our country, parliamentary oversight on security is a very challenging role. Even without a legislative framework, some of our institutions like the National Security Intelligence Service (NSIS), the Department of Defence, the Police and the Prison Department still operate on traditions and precedents without any legal foundation. For example, this happens when a parliamentary Committee wants to get certain information. Of course, there are challenges because we have not reached that level of the United States of America (USA) or UK where Members of Parliament are vetted, That notwithstanding, Parliament must have an oversight role in security. Without that we have rogue elements where individuals have not accepted the changes that have taken place in this country. To that extent, we have felt that by interacting with our counterparts in London, Dublin and Turkey, the Members of the delegation gained a lot. I can tell you right now that as a result of that, this Committee is desirous of amending the Powers and Privileges Act, Section 18, Sub- section 2 because in that Section, a security officer just needs to invoke the name of the president to deny a Parliamentary Committee or Parliament any information, regardless of how that information is going to be used. If that information is going to touch on the navy, air force or the army, one has to get the written consent of the President. You can imagine how difficult that is. So, that has to be simplified so that, as and when the situation arises, and a particular Committee of Parliament or Parliament as an institution requires information that touches on security institutions, then that information, without prejudice, can be availed to the committee. Therefore in interacting with these different parliaments, we feel that we have learnt a lot and once we bring that amendment, hoping that it will be passed, I am sure that the kind of work expected from committees will be more productive, more useful and more issue oriented. Currently, some of the players in the security sector deny the existence of some of these things. Madam Temporary Deputy Speaker, we were in Turkey between November 22nd and 28th 2009, we learnt that the Turkish President was here early last year and right now, we have transport, particularly the air transport link between Kenya and Ankara. Turkey has had diplomatic representation in Kenya over the last two decades. We have Turkey/Kenya Parliamentary Forum in Turkey and we have also reciprocated. With the help of the Speaker, we have managed to form the Kenya/Turkish Parliamentary Friendship Group. But, Madam Temporary Deputy Speaker, one of the things that I learned because of the the unique nature of Turkey--- Turkey is in between the Middle East and Europe. One of the recommendations, or one of the things, that we learned is that many Kenyans â just like many 38 Wednesday, 7th April, 2010(A) Kenyans have been going to China for business â have also been going to Ankara, and the affairs of Kenya in Turkey are handled from Rome. You can imagine the distance. Therefore, one of the things we have recommended is for the Kenyan Government to open a mission in Ankara, just to ease the kind of problems the Kenyans who visit there on business and on other issues go through. Normally, it is very difficult even to apply for visas to Rome from Ankara. That is one of the things we need to appreciate. Madam Temporary Deputy Speaker, one of the things we were told is that in 2001, the Gross Domestic Product (GDP) of Turkey was about US$210 billion. Today, because of the diversification of their economy and the pragmatic foreign policy, which is economically driven, the GDP today is almost US$1.3 trillion. You can imagine the change within a span of six years or seven years. These are the kind of issues that we would like to emulate as a country, because economic diplomacy is the key thing. Those of us who have been around here know that the kind of clothes in the market right now, and which actually dominate the entire textile industry in Kenya, come from Turkey. With this, we feel that we should have some sort of diplomatic representation in Turkey. Madam Temporary Deputy Speaker, when we went to the UK, we also had--- Before I move on to the UK, in Turkey we had an opportunity actually to meet the Kenya-Turkey Parliamentary Group. We also had an opportunity to meet with our counterparts on defence; we also had an opportunity to meet with the Minister for Labour and Security; we also had an opportunity to meet with the Committee on Foreign Relations. Finally, we also met the Members of the Turkey Chamber of Commerce and, in particular, the defence industry members. Finally, we also met the officials of the Ministry of Foreign Affairs. One thing that we learned, which is a key component of the Turkish foreign policy, is zero enemy in the neighbourhood, because their emphasis is on economic diplomacy. Turkey has forged bilateral relations based on economic gains, and this is why they are all over. I think if we can emulate, as a country, this particular aspect of Turkish diplomacy, I think we will have a lot to gain. Madam Temporary Deputy Speaker, we also went to Ireland between 22nd and 28th December, 2009. We met with officials of the Kenyan Embassy; we met Kenyans living in Dublin and other parts of Ireland and, finally, we had a joint session with the Committee on Defense and Foreign Relations of the Joint Chamber of the Turkish Parliament. Madam Temporary Deputy Speaker, one thing that I liked, and I say this for the purpose of the hon. Members, because Turkey has two Chambers of Parliament. One thing that they have been trying to do over the last few years is to abolish the Upper House, which they have said--- I think, next year, they are likely to have a referendum. This is what we are trying to do right now while in other countries, I think, that particular aspect has failed; the unique experience is that it has failed to work. Finally, Madam Temporary Deputy Speaker, we also went to the UK between 22nd and 27th December. We met the officials of the High Commission; we also met with the Kenyans in the Diaspora; we had a meeting with the House of Commons Select Committee on Foreign Relations; we also had a meeting with the House of Commons Select Committee on Defense. Madam Temporary Deputy Speaker, one of the things that we have learned as a Committee in our oversight role, which I think I am going to emphasize today, is the purpose of having diplomatic representations in any particular country. I started with a note that London is the epicentre of our diplomatic representation because of historical issues. The issues that we came across in London, from the Kenyans in Diaspora, the London Mission staff and even from the officials of the UK Government, are that some of the activities that have been taking place in 39 Wednesday, 7th April, 2010(A) that particular mission have not actually been very encouraging. One thing that actually, in our visit, came out is that there are issues that have been covered by the media. In particular, because in any diplomatic representation, when one is posted to a foreign country, that person is supposed to project, promote and protect the image of the country that he or she represents. Madam Temporary Deputy Speaker, the activities that have been going on, particularly in our High Commission in London, have not been very good. They have left a dent on our diplomatic representation; they have damaged the image of Kenya as a country; they have also put a question mark on the essence of having diplomatic representation in any particular country. I say this because what happened in London on three occasions between 2003 and 2004 was that the Ministry of Foreign Affairs exercised its discretionary administrative role on all our missions and decided to make some changes. The shocking thing we learned was that a number of employees, who had been seconded by the Ministry of Foreign Affairs, after having completed their tour of duty, and after having got a letter of recall from the Ministry, decided to ignore the recall letters and ended up overstaying. For example, I would like to mention one person called Chege Kiigo, who was posted as a home-based driver in 2006. Until December, 2009, Chege, who was again converted from being a driver to being a clerk, was still in our Mission even after six letters had been written to him by the Ministry of Foreign Affairs. At a certain stage, he was suspended, but later on he became a member of staff of the Kenya Mission. This is one thing we do not have an explanation for. Madam Temporary Deputy Speaker, the second person, again, within the same mission, is called Abel Kenyoru, who was the Deputy Principal Counsellor. His contract ended, he was recalled and he refused to come back! But in that particular instance, the Ministry was a bit firm and tough; what they did was that they cancelled his diplomatic visa and diplomatic passport and relayed the same information to the British authorities. In that particular instance, at least, the Ministry moved. Again, that did not happen to Chege Kiigo. There is also somebody else also called Mzee Marugu. He was also recalled, but he refused to come back, even after six reminders by none other than the Permanent Secretary in the Ministry of Foreign Affairs. As of the time we visited there, he was still an employee of that particular mission. Finally, Madam Temporary Deputy Speaker, the High Commissioner himself, his tour of duty ended a long time ago; he was there from, I think, 2003 up to late 2009. A High Commissioner carries a very important responsibility on behalf of the Republic of Kenya, in particular, as a representative of none other than the Head of State and Head of Government! In this particular instance, this person, by the name Muchemi, had no regard for the Ministry of Foreign Affairs, and for both the Minister and the PS, and even for the entire establishment in Kenya. Madam Temporary Deputy Speaker, I would like to read to the hon. Members, for purpose of this, one letter in which this particular person was recalled. Somebody was appointed by the name Mr. Adison Chepukaka. Now, what happens is that when a new officer, and in particular somebody very senior is appointed--- An innocent guy, who was the Financial AttachĂŠ decided to acknowledge the functions that were supposed to be performed by Mr. Chepukaka. He introduced Mr. Chepukaka to one of the banks, HCBC Bank, as one of the signatories as required, as a response to a letter written by none other than the PS, Foreign Affairs. Madam Temporary Deputy Speaker, shockingly, the High Commissioner, on his own volition, decided to write to the bank. This is what he wrote. It says:- âMr. Peter Mwangi has written to you purporting to remove my authority as the Kenya High Commissioner administering funds of Kenya mission held at your bank. He has purportedly 40 Wednesday, 7th April, 2010(A) substituted signatories and provided to you signatories made by junior officers in my office. I wish to advise you to ignore the letter.â That was the High Commissioner responding to a letter from none other than the Accounting Officer from that Ministry. He went ahead and wrote to the bank denouncing that he did not know anyone by the name of Mr. Addison. Mr. Addison was supposed to be the Principal Counsellor in that Mission. Due to that, Mr. Muchemi must have enjoyed special status by the Government of Kenya. We need an explanation about this from the Minister because it is unheard of. How can an ambassador be recalled by the appointing authority and then pretend that no one can touch him? That aspect itself has downgraded the image of Kenya which is a very important country in Africa, more so, in South of the Sahara. Madam Temporary Deputy Speaker, diplomacy is about image and public relations. The image of Kenya within the diplomatic service, the international community and among Kenyans in the Diaspora has been ruined because of the activities of such rogue elements like Mr. Muchemi. Mr. Muchemi continued staying in the official residence of the High Commissioner even after His Excellency the President appointed High Commissioner Ngare. High Commissioner Ngare had to be housed in a rental house for three months until Mr. Muchemi voluntarily vacated the Government house. Why can the Government not use the same force that it used on Abel Kanyoru to cancel his visa, his diplomatic passport and notify the authorities in the UK? Why is he being given status that he does not deserve? He abused every opportunity that he was given, he soiled our name, he soiled the image of the Ministry of Foreign Affairs and abused the name of none other than His Excellency the President. I also believe that his appointment, in the first place, was wrong because he felt that he was untouchable. That damage is still felt. Those of us who have been to London can attest witness to this. It will take a while before the Ministry can repair the dented image. Madam Temporary Deputy Speaker, on 18th November, 2009, my colleague, who is also a Member of the Departmental Committee on Defence and Foreign Relations; who was part of the team that went to London, put a Question to the Ministry of Foreign Affairs. The answer that was given by the Minister was, again, far from the truth. This is what prompted us to visit London simply because we wanted to ascertain the truth. When we went there, we found out that what had appeared in the media was nothing, but the truth. We had a mission that had been neglected over the years. We had somebody who assumed that he was above the law, untouchable and felt that he was synonymous to Kenya. Diplomatic representation, in the modern world of today, is laying emphasis on economic diplomacy. At some point, the UK was our biggest trading partner. I am sure we all know that. Right now, it is Uganda. The trade volume between Kenya and UK has been going down. That itself gives you an indication of the performance of that Mission. I have said that because London is the epicentre of our diplomatic relations. If we get it wrong in London, we will get it wrong everywhere. I think that has been the trend. I know the Minister will disagree, but that has been the main fundamental concern of the Ministry of Foreign Affairs. If you look at the service establishment in our missions, I know hon. Wetangula will say that this is something that we inherited, for purposes of hon. Members, we have a Mission in New York. We have an authorized staff establishment of nine against actual staff of 28. So, we have 19 more. In Washington, we have an authorized staff establishment of 23, but we have an actual staff establishment of 35. That means that we have 12 more. In London, we have an authorized staff establishment of 22 against an actual staff of 44. The input of all this, is that the authorized staff establishment in our missions is 355, but the actual staff is 827. Is that what we 41 Wednesday, 7th April, 2010(A) need in this era of IT, modernization and economic reforms when we should be having prudent management of our resources? That is a question that each hon. Member can answer himself. The second issue is that some of our missions have remained vacant. The rents are still being paid. We have residences for ambassadors, but there are no occupants. To that extent, 44 senior officers whose tour of duty has ended are still in these missions. We have a number of vacant High Commissions and Ambassadorial positions. I think the appointing authority should take the taxpayer very seriously and make sure that these positions are filled. I want to take you back to the Question that was asked by hon. Gunda on 18th. The Minister was asked why our mission in Japan is still vacant. The Minister said that they had nominated names and the process was nearly complete. Three weeks ago, my brother, answering a Question, almost of the same nature, said that in ten days, His Excellency the President was going to make an announcement. That is almost three weeks ago and we have not heard anything. There are still many things going wrong. Is that the kind of diplomatic representation we, as a country, require? One of the key roles that the Ministry of Foreign Affairs is expected to play is to make sure that this country is properly and adequately represented. In this list, which I will lay on the Table, the number of 827 people who have been employed by our mission goes far beyond what we can afford economically. Therefore, it is fair that the Ministry of Foreign Affairs takes this very seriously and undertakes a radical surgery--- This is an issue of money. Anybody who is out of this country must get house allowance, medical allowance, and free education for their children. Life out there is expensive. Therefore, the money we spend on each of these employees out there is more than the salary of a Member of Parliament. That is a reality. That is something that has been talked about by the Kenyan media and the Kenyan public. Is this something that we can sustain? This is something that the Ministry should take seriously and take remedial measures before it becomes a burden to the taxpayer. There are jurisdiction challenges or conflicts between the Ministry and other Ministries. In particular, there is a challenge now that has been known all over, between the Ministry of Foreign Affairs and the Ministry of State for Immigration and Registration of Persons. These people are in the same Government. There is also a serious conflict between the Ministry of Foreign Affairs and the Ministry of Higher Education, Science and Technology. There is also a serious conflict between the Ministry of Foreign Affairs and the Ministry of Trade. There is also a conflict between the Ministry of Foreign Affairs with the Ministry of Agriculture and with the Ministry of Livestock Development. Why should this Ministry operate in isolation? This Ministry is part of the Kenyan Government and the Kenyan Government has leadership. When I see the Minister of State for Immigration complain publicly that his role has been taken over by another Ministry; when I see the Minister for East African Community complain that he has no Ministry and so he has been rendered persona non grata within Government circles--- He heads a department that deals with the affairs of the East African Community â it is actually a department within the Ministry of Foreign Affairs. So, Mr. Kingi is actually without a Ministry. He is a floating Minister. He has complained to us as a Committee. I know he has complained elsewhere that something needs to be done. On the issue of appointment of attaches, if the essence is to reduce costs, I think there is a policy. I do not want to mention names, but there is a circular from the Ministry of Foreign Affairs which attempts to withdraw services of all attaches. They could be economic attaches, trade attaches, commercial attaches, or whatever name they are called. These people have been given notices to wind up whatever they are doing in their respective missions, but in the same 42 Wednesday, 7th April, 2010(A) breath, other people are being employed to do the same job these people who are being recalled are doing. Where is the fairness? Are we removing some people to create job opportunities for others? This is something we need to address as a nation. Fairness is very important in the execution of national duties. The Ministry is being managed on behalf of the people and Government of Kenya. Madam Temporary Deputy Speaker, in 2008, my Committee was part of a process that came up with a first written foreign policy of the Republic of Kenya. As a way out of this, the Ministry should have officially accepted this policy. If that foreign policy was adhered to, all these problems would be a thing of the past. If our Missions have problems just like we have inter-ministerial problems, for example, last week it was Mr. Kajwang--- Right now the issue of attaches has not been handled. Let me give you the London situation. The commercial attachĂŠ who falls under the Ministry of Trade was recalled. In the same breathe, the Ministry of Foreign Affairs employed a fresh graduate and posted him to be an Economic Counsellor in Job Group P. It is now nine years since that person was employed by the Public Service Commission. What are you telling this innocent Kenyans who do not have senior people to push for their welfare? Where is the fairness? These are issues that we must address as a country. That person might be a beneficiary of one or two things, but what do we do to those who do not have senior individuals to assist them within and outside the Government? They will have to rely on you and me who were elected and swore to protect the interest of Kenyans. This is where we are. This is a challenge. Both of you are in the Government. You need to rationalise what you want to do. If you want to do away with attaches, have one uniform policy that cuts across. You need a binding Government policy on the role, functions and performance of diplomatic attaches. When one Ministry is curtailed not to appoint a particular person and it is forced by a circular and in the same breathe the same person, under a different name is appointed from a different Ministry, region, tribe, political persuasion and religious circle, what are you telling Kenyans? These are the issues we must address. I want to challenge both of you. Unfortunately we do not have the Leader of Government Business here. It is incumbent upon the Government to put its act together so that Kenyans get service for what they pay. Madam Temporary Deputy Speaker, these people are in foreign countries. If there is one letter from the Minister for Higher Education, Science and Technology on the appointment or termination of service of an Education AttachĂŠ in London and then the Ministry of Foreign Affairs also writes a letter, all these letters will land in the hands of people in foreign countries. How do you explain such a scenario? Which Government are these people serving? Are they from the same Government? Are they reading from the same script? Do they take instructions from the same Head of State and Head of Government? These are the challenges that we must face as a country so that we have a better and more harmonized diplomatic representation in some of these foreign countries."
}