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"id": 186987,
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"speaker_name": "Mr. Khaniri",
"speaker_title": "The Assistant Minister for Information and Communications",
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"legal_name": "George Munyasa Khaniri",
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"content": " Mr. Temporary Deputy Speaker, Sir, thank you for giving me an opportunity to make my remarks on this Bill. Let me begin by adding my voice to the voices of those who spoke earlier in congratulating the Minister for Justice, National Cohesion and Constitutional Affairs for the very able way in which she presented this Bill to this august House. From the outset, I want to state that I fully support the idea of the establishment of a Truth, Justice and Reconciliation Commission, and, therefore, I support this Bill. This Bill is not just necessitated by the post-election violence that rocked our country in the earlier part of this year, but is also necessitated by the tribal clashes that we experienced in 1992, 1997 and the massive public looting that the country has been going through. The fact that we should appreciate is that, from 1963 to 1992, Kenyans lived together in harmony and very peacefully. There were no scandals in this country, but soon after we adopted the multiparty system, we started experiencing tribal clashes. This is the issue that I want this Commission, once established, to look into. Is it that a group of people are still trying to prove to Kenyans that multiparty is not good for this country? If we look back to the first 30 years after Independence, we never experienced tribal clashes and scandals that we are talking about, and that we want this Commission to look into. As we establish this Commission, that is a very critical issue that I would want it to look into. Mr. Temporary Deputy Speaker, Sir, coming back to the Bill, I have a few observations that I want to make, and I hope that the Minister will take note of them, so that when we go to the Committee stage, some amendments may be moved. I want to draw your attention to Part I, article 2, subsection (j). This is to do with the definition. It says:- \"Genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious groups as such, causing serious bodily or mental harm to members of the group.\" My understanding of genocide is killing of members of a particular race, clan or a group of people. If we include \"causing serious bodily or mental harm to members of a group\" then that ceases to be genocide, in my opinion. It continues like this:- \"Deliberately inflicting on the group conditions of life calculated to bring about physical destruction in whole or in part.\" July 31, 2008 PARLIAMENTARY DEBATES 2289 That cannot be genocide. It continues:- \"Imposing measures intended to prevent births within the group.\" That cannot be classified as genocide. It continues:- \"Forcibly transferring children of the group from one place to another.\" This also cannot be genocide. I think that we should only remain with part (a) which refers to \"killing members of the group\"; parts \"b\",\"c\",\"d\" and \"e\" should be put under \"gross human rights violations\" and not under genocide. Mr. Temporary Deputy Speaker, Sir, my second observation is on Part II, that is the establishment, powers and functions of the Commission. That is Section 5(e) and that will be found on page 588 of the Bill. It starts on page 587 and it states:- \"The objectives of the Commission shall be to promote peace, justice, national unity, healing and reconciliation among the people of Kenya by- (e) inquiring into the irregular and illegal acquisition of public land and making recommendations on the repossession of such land or the determination of cases relating thereto\". Mr. Temporary Deputy Speaker, Sir, we all know that matters pertaining to land are very sensitive in our country and if not properly handled, they can be very explosive. So, we want to say that we are giving a lot of powers to this Commission and we hope they are not going to use this particular Section to witch-hunt people. I again want to draw your attention to Part II, Article 7(1) on page 593 which states:- \"The Commission shall have all powers necessary for the execution of its functions under this Act, and shall not be subject to the direction or control of any other person or authority\". Are we not creating a monster here? We also need checks and balances and I think Parliament should be given powers to play that role of providing checks and balances to this Commission. Mr. Temporary Deputy Speaker, Sir, I would also want to draw your attention to Part II, Article 9(3) which is on page 598. It states:- \"Members of the selection panel shall elect a chairperson and vice-chairperson of the selection panel from amongst their number.\" There is no provision for a secretary to the panel that will be given the responsibility of picking the Commissioners. So, I think that provision should be made so that the panel is given a secretary. Mr. Temporary Deputy Speaker, Sir, still on Part II, Article 15(1) on page 602 states:- \"The salaries and allowances payable to, and other terms and conditions of service of the chairperson and the Commissioners shall be such as may be determined by the Minister in consultation with the Minister for the time being responsible for finance.\" It is not right to put the fate of these Commissioners in the hands of the Minister for Finance and the Minister for Justice, National Cohesion and Constitutional Affairs. I think the issue of their salaries and allowances should be brought to the House so that it is passed here and we determine how much we think these Commissioners should be paid. Mr. Temporary Deputy Speaker, Sir, lastly, my last observation on the Bill is on the same Part II, Article 18(1) on page 604 which states:- \"Where a vacancy occurs in the membership of the Commission under Section 16, the President shall appoint a replacement- (a) where the vacancy is in respect of a citizen of Kenya, from among the short- listed persons considered by the selection panel in accordance with the First 2290 PARLIAMENTARY DEBATES July 31, 2007 Schedule, giving due consideration to the rankings and comments of the selection panel, if any.\" Mr. Temporary Deputy Speaker, Sir, my suggestion is that whenever there is a vacancy in the Commission, I think it would be fair for the Minister to advertise for the position so that people can re-apply afresh instead of going to the previous applicants, who with time, may have lost interest in the job or may have found other jobs to do. Therefore, I want to suggest to the Minister that should there be a vacancy in the Commission, she should do fresh advertisements for people with proper qualifications to apply. Otherwise, I support the establishment of the Commission. Thank you."
}