Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1275425,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1275425/?format=api",
    "text_counter": 319,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "Mr. Temporary Speaker, Sir, in the interest of time, I will need your guidance on Question No. 40 maybe later if I can request that Question to be deferred to a later date or we take written submission, because my interest is on this question. Finally, I will have only one supplementary question. The Cabinet Secretary has indicated that they do not have this information. I will also need your ruling that, if the Cabinet Secretary is under an independent Commission, can the TSC itself- (1) appear before the House since the veil that the Cabinet Secretary has been hiding is that TSC is an independent Commission. (2) When you look at part four of the Regulations of the Anti-Corruption Act and Economic Crimes Act, it provides on the issue of wealth declaration. I did not know if you must do wealth declaration because investigations are ongoing. Mr. Temporary Speaker, Sir, please, look at the Senate’s Standing Order No. 51C (6) (b). It states – “ (6) A Cabinet Secretary - (b) shall respond to the Question.” It does not say ‘may’. The Cabinet Secretary did not answer and, therefore, he has violated Standing Order No.51C (6) (b). Mr. Temporary Speaker, Sir, Sections Four and Five of the Access to Information Act, 2016 are very clear on the disclosure of information. Section Six provides for a limitation on the non-disclosure of information based on national security. I did not know that the declaration of the wealth of the Chief Executive Officer (CEO) and senior officials of TSC is a threat to national security and, therefore, meets the threshold of Section Six of the Access to Information Act. Mr. Temporary Speaker, Sir, my learned seniors, Sen. Wakili Sigei and Sen. Cheptumo - the Chair emeritus of the Committee on Justice Legal Affairs and Human Rights Committee will confirm that under Article 35 of our Constitution, access to information is a basic right. What we require from the TSC and its CEO is not a threat to national security. We are requesting it under Article 35 of our Constitution on access to information unless the Cabinet Secretary tells us that it is a threat to national security. Mr. Temporary Speaker, Sir, the CEO in office has surpassed the retirement age. She turned 60 on 11th May, 2023. However, we are in July and the TSC has not replaced her. Therefore, they are in violation of a letter written by Cabinet Secretary, Hon. Aisha Jumwa, on 23rd February, 2023. Mr. Temporary Speaker, Sir, the Cabinet Secretary has not responded. Therefore, would I be in order to request that you give a considered ruling on the two aspects that the TSC appears before the House independently. Secondly is on the right to access information because we are doing it on behalf of Kenyans. This same Commission is facing lethargy in court cases because of their inability and incompetence in serving the teachers of this Republic. I am not satisfied with the answers by the Cabinet Secretary. I cannot even give such a response to a child in PP1."
}