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{
    "id": 127950,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/127950/?format=api",
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    "content": "Hon. Members, on Thursday 3rd September, 2009, the Honourable Isaac Ruto rose on a point of order and requested that the Chair directs that the Gazette Notice No.9300 of 2009 on the re-appointment of the Director of the Kenya Anti-Corruption Commission (KACC) be committed to the Committee on Delegated Legislation for scrutiny and that the Committee reports back to the House within seven days on its validity or otherwise. Following the request by the hon. Ruto, the hon. Minister for Justice, National Cohesion and Constitutional Affairs rose on a point of order and sought the guidance of the Chair as to whether the matter of the re-appointment of the Director of the KACC should be referred to the Committee on Delegated Legislation. Several hon. Members subsequently made their contributions on the matter. Hon. Members, the Gazette Notice in question is Gazette Notice No. 9300 dated 26th August 2009 and issued on 31st August 2009 under the hand of His Excellency the President, in the following terms:- “In exercise of the powers conferred by Section 8(4) and paragraph 3(2) of the First Schedule of the Anti-Corruption and Economic Crimes Act, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya re- appoint JUSTICE AARAON G. RINGERA to be the Director of the Kenya Anti- Corruption Commission for a period of five (5) years, with effect from 8th September, 2009.” Dated the 26th August, 2009. MWAI KIBAKI, President. Related to this notice is Gazette Notice No. 9301, bearing the same date and issued on the same day, re-appointing the two Assistant Directors of the Kenya Anti- Corruption Commission. Hon. Members, from the request for directions made by the hon. Isaac Ruto and the contributions by hon. Members on this matter, the following three issues can be isolated for response: 1. Do Committees of the House require the direction of the House or the Chair to proceed with an inquiry into a matter? 2. Which Committee of the House will have the mandate to inquire into the matter of the re-appointment of the Director of the KACC? 3. Does the Gazette Notice No. 9300 dated 26th August 2009 re-appointing the Director of the KACC fall within the definition of subsidiary legislation? Hon. Members, the matter of whether Committees of the House require the direction of the House or the Chair to proceed with an inquiry into any matter should not detain us for long. I have ruled before and I reiterate now that Committees of the House are creatures of the Standing Orders and do not require the authorization or direction of any person or body to inquire into matters that fall within their mandate. Standing Order 198(3) empowers a committee to investigate and inquire into any matter falling within its mandate as it may deem necessary, or as may be referred to it by the House or a Minister. As I said in this House on Thursday 3rd September 2009, if a committee, in the interpretation of its mandate, comes to the conclusion that a particular matter falls within that mandate, it is open to such committee to commence an inquiry thereon. Some will argue that this view will give licence to committees to go beyond their terms of reference on the pretext that they perceive it to be within their mandate."
}