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{
    "id": 1359026,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1359026/?format=api",
    "text_counter": 133,
    "type": "speech",
    "speaker_name": "Uasin Gishu, UDA",
    "speaker_title": "Hon. Gladys Boss",
    "speaker": null,
    "content": " Yes. Just a moment. My apologies, my microphone was stuck underneath some of the gadgets here. Hon. Temporary Speaker, thank you for giving me the opportunity to speak on the Report on the vetting of persons for positions of Ambassadors, High Commissioners and Permanent Representatives to UN bodies. I commend the Committee for having done a very good job in vetting the various nominees. However, in the interest of time, I want to go straight to one particular point. In his moving notes, the Chairperson of the relevant Committee stated that the Clerk of the National Assembly wrote to the KRA, and the EACC, among others, seeking information relating to the ethics and integrity about the nominees. He said that all responses were favourable, save for that of Mr George Macgoye, Ambassador nominee to Djibouti. That is the one that was flagged out. In its response to Parliament, the EACC stated that it was progressing in an inquiry where the said nominee had been mentioned in a matter that related to the Kenya Maritime Authority. The question that we need to deal with here as Parliament is the confirmation that the EACC has no authority whatsoever, in law, to purport to clear nominees for any position as ambassador, high commissioner or permanent representative. I will refer to the Leadership and Integrity Act of 2012, Section 13(2), on what the Commission is allowed to deal with. There is a requirement for persons to fill out self-declaration forms. It is for persons running for a State Office. That self-declaration form does not give the EACC power to purport to clear a person of any criminality. The self-declaration form is intended to be used at a later date, should the person be under investigation for any wrongdoing or anything contrary to the Leadership and Integrity Act. It is similar to the wealth declaration form. It is not intended to be used to prevent a person from being approved for any office. It is for later use, should the person come under investigation subsequent to their appearance before the Committee. Here, we are allowing the EACC powers it does not have. In fact, the response from the EACC was null, void and unnecessary. The Committee must inform the EACC that it cannot write to say a person cannot be cleared because it is inquiring into some corruption allegations made against such a person. It also goes contrary to the Constitution. Article 47 of the Constitution on fair administrative action says that everyone likely to be adversely affected by any adverse administrative action has the right or fundamental freedom to be given written reasons. At what stage was the EACC going to get an opportunity to give reasons to Mr Macgoye in time for him to be cleared as the Ambassador nominee to Djibouti? It is completely unfair and malicious people in those commissions can use that to prevent people from being appointed to state offices. Another issue we need to clarify is that when a parliamentary Committee is sitting, it has the powers of a High Court. The person appearing before a parliamentary Committee will usually take an oath to speak the truth and nothing but the truth. If that person is asked whether there is any matter against him or her pending in court or whether he has ever been convicted by a court of law and so on, the person has an opportunity to say yes or no at the risk of committing a perjury, whose punishment we all know. It is wrong for the EACC to purport to be the investigator, the prosecutor and the judge in relation to persons and deciding whether a person has been cleared to meet the integrity standards set out for appointment to public office. It is my plea to parliamentary Committees to ensure that they do not create monsters out of some of our independent commissions in undertaking their duties. For example, it is self- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}