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{
    "id": 107344,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/107344/?format=api",
    "text_counter": 340,
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    "content": "stake in the protection of interests of witnesses, it went to great length. For instance, during the Mau Mau days when they were suppressing Mau Mau in Central Kenya they went as far as inventing anonymous identification parades where the witnesses were anonymous. In Central Kenya they are today called tokunia because they would wear gunny bags to cover their faces. That is where the State had a clear interest in witness protection. What we have witnessed, especially since the struggle for multi-party began in this country and generally the struggle for democracy, is a situation where the State participated actively in erosion of the rule of law as a political tool or as a means of controlling politics. That is when we had the political clashes that were baptized as tribal clashes. We also had militia being allowed in the country for political reasons. These are some of the compromises that now threaten the whole advice of administration of justice in this country. Mr. Temporary Deputy Speaker, Sir, I am supporting this Bill because without it nobody would argue that you can have any meaningful administration of justice even in situations where there are normal incidences of administration of justice involving particularly strong personalities. Planned threat to witnesses has been witnessed. I have in mind personalities being put on trial, such as the current President of South Africa when there was complaint of rape against him. The complainant had to be transferred outside the country not because the complainant had anything to do with that but because the supporters posed a threat to the complainant. In the Kenyan case, the biggest culprits for this kind of threat to witnesses are the well connected and strong personalities in this country. We have seen the death of witnesses like in the Ouko case, as mentioned by my previous colleague. It is because the suspects were not ordinary Kenyans. They are the ones who have the capacity to make witnesses disappear. Other cases where we have strong people involved in corruption, they are the ones who can afford those cover ups. It is possible, therefore, to say that these are the same people who have been impediment to this Act of Parliament which would strengthen the administration of justice. Mr. Temporary Deputy Speaker, Sir, when it comes to the structure of the Bill, it has set up an independent agency and I have no issue with that. It has also set up an independent board to advise and possibly lay policies. My concern as has been expressed by my previous colleagues especially, Mr. Mungatana, is the independence of the Agency. It is exceedingly important. That independence would possibly help a lot where a vetting process is allowed to come in, like in the case of appointment of the Director. This would ensure that the person who is appointed can be of such a background as would be able to assure the country that the interest of justice alone and not other vested interests from powerfully connected persons determine who is to be appointed. With those concerns, I beg to support."
}