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{
    "id": 1353036,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1353036/?format=api",
    "text_counter": 252,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "We need to bring to this Parliament how much the Government continues to pay up to date on decisions that are made by public officers on account of this Clause that later on the Government is made to pay. Many of those decisions I can boldly say are made on account of political considerations. We have an example of 2017 on the sugar consignment. When those decisions were made, because certain calls were made to the Kenya Bureau of Standards (KEBS), those officers stood their ground. Today all those traders who supposedly quote and quote; ‘had brought sugar that is unfit for human consumption’ have been awarded tender to supply sugar because afterwards when they were presented in courts and told to present documentation, the traders showed that the public officers acted in ways other than what is expected of them. The Government of Kenya continues to pay billions of shillings on account of wrong decisions made by public officers, simply because a call has come from a higher office. Madam Temporary Speaker, if we continue covering public officers as it has been provided in Section 15 of this particular Bill, I am afraid we shall bankrupt this country. When public officers come to the realisation that one can be held personally liable for certain decisions, that is when they will appreciate and decide to do the right thing. I believe if you do the right thing, even if you are later found to be wrong, the court is able to see and decide. Perhaps, you can even leave it to the court to make the determination on whether to charge the public officer directly or the institution for which they were in charge of. We must move away from this notion that there is something called Government of Kenya, which has money somewhere. The Government of Kenya is you and I and all these people that we represent. They are the ones who pay taxes and run this institution. Therefore, during the Third Reading or the Committee of the Whole, I need to be convinced whether we need to keep this Section 15 or redraft it. After we redraft, even those who draft legislation at the State Law Office will know that Parliament is sending a message. Madam Temporary Speaker, there are many things that I wish to speak about but time is far much spent. Lastly, Section 21 sets up something that is akin to the office of the Ombudsman, which is a controller. The controller shall conduct verification audit to ascertain whether systems have been established and investigate the powers of this competent authority and to determine these so -called competent authorities. These authorities are listed in the concluding parts of the Bill. They are Pest Control Products Board, Kenya Plant Inspectorate; Kenya Dairy Board; Fertilizer and Animal Food Stuff; National Biosafety; Kenya Bureau of Standards (KEBS) and so on. It is our sincere hope that these bodies can actually serve like the Ombudsman of these institutions; and ensure that any time any institution is not living up to the spirit and the letter of the Act that set them up, they report back to this House. Then, we will either disband that particular institution or at least find ways of putting them in check."
}