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{
    "id": 1146080,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1146080/?format=api",
    "text_counter": 802,
    "type": "speech",
    "speaker_name": "Kipipiri, JP",
    "speaker_title": "Hon. Amos Kimunya",
    "speaker": {
        "id": 174,
        "legal_name": "Amos Muhinga Kimunya",
        "slug": "amos-kimunya"
    },
    "content": "us look for any other solution to force the Government, and not a Cabinet Secretary, to implement the Report. When we punish one Cabinet Secretary, in essence we will be punishing the entire Government. I wish that is how it was put in the Report. I feel very uncomfortable that we are doing this to one Cabinet Secretary. I have been a victim of this kind of situation where decisions are made collectively by the Government and then one Cabinet Secretary is isolated for punishment or for removal from office. If you go back to the history of this House, the most celebrated Speaker of this House, the late Humphrey Slade, gave an advisory—and I think it is available in the records of this House—in trying to work out the grounds on which you can take action against a Cabinet Secretary. That document gives examples of Motions that were brought in this House against Tom Mboya and the founding President trying to impeach them. The issue was: Did their actions constitute personal conduct? If it was collective conduct, then you cannot bring that kind of Motion. The Motion needs to be in the framework of a vote of no-confidence in the entire Government. That is because you are challenging a decision that every Cabinet Secretary is accountable for. If a Cabinet Secretary has been noted to be taking things under the table, which is personal conduct that is not conducive in that office, then an impeachment Motion can be brought. I would want to persuade the House to look for other ways of getting remedies for the people who have suffered. It is a very murky transaction that has taken place on this land. There are people who have suffered. There are people living on the land and they paid for it. They need to either get their titles or get compensated whatever amount of money they paid. At one point, we are told the land was owned by the Kenya Defence Forces (KDF); at another point, we are told it was owned by Uchumi and then there are people living there. Unravelling the issue is very murky. The bottom line is that nobody should be made to suffer. Protection of property rights is also guaranteed in the Constitution. That objective will not be achieved by doing what may be seen as personal victimisation of one Cabinet Secretary who has acted based on the best advice by the person authorised by this House to give that advice to the entire Government. It is on that basis that I persuade the House to support the amendment. I wish the Chairlady of the Committee or the Member for the affected area could formulate what we need to do to force action on the part of those responsible. Let us not do it by victimising a Cabinet Secretary who has acted in good faith based on the advice given by the legal adviser to the Government. Hon. Temporary Deputy Speaker, I beg to move the amendment and ask Hon. Angwenyi to second."
}