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{
    "id": 123391,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/123391/?format=api",
    "text_counter": 196,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "“A public officer under investigation shall stand relieved of duties until exonerated.” Section 55(2) says:- “A public officer who is indicted or convicted of a crime under this statute shall cease to hold public office.” The Bill before this House today does not aim to replace the criminal processes or work of the Kenyan judiciary. It is not imposed upon us from outside, but as I have explained, it does recognise the efforts of international community as entrenched in the Constitution through the Panel of Eminent African Personalities. The Bill has four parts. Part one contains preliminaries, part 2 providing for the operations and structure of the Special Tribunal for Kenya as a body corporate; it sets out the procedure for the appointment of judges of the Tribunal, Prosecutor, Registrar, Defence Counsel, Special Magistrates and it also specifies the crimes to be prosecuted. Part three contains financial provisions in respect of the Tribunal and provides for the sources from which funds of the Tribunal will be drawn. Part 4, contains miscellaneous provisions, including requirements that the Tribunal do prepare and submit a report on its work to the National Assembly. The Bill gives the two principals signatories, His Excellency the President and Right Hon. Prime Minister extra-ordinary authority to ensure the proper functioning of the Special Tribunal. That is why the Constitution itself, through the Bill that we entrenched, gave special responsibility to the eight Cabinet Ministers who have been charged with that solemn responsibility of ensuring, not only that the special Tribunal is formed, but it functions smoothly and in accordance with the recommendations contained in the Waki Report. All we are doing this morning is supporting those efforts. It is a pity that 90 per cent of those who are charged with that responsibility are not here to understand and hear that we are doing what is expected of them. We are only supporting their efforts. This solemn obligation they took when they signed the agreement setting out the principles. If you look at those principles as I have read, you will see that we are lagging far behind the reform agenda. That is why we, as a Parliament, are called upon to take responsibility of leadership to ensure that this country never again has to undergo through what we went in December, 1997 and early January, 1998."
}