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{
    "id": 191278,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/191278/?format=api",
    "text_counter": 224,
    "type": "speech",
    "speaker_name": "Mr. Namwamba",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "Mr. Deputy Speaker, Sir, I was pointing to the fact that the manner in which the Minister has conducted himself flies right in the face of requirements of professionalism 1590 PARLIAMENTARY DEBATES July 2, 2008 under the Public Officer Ethics Act. One of the principles here is that if the public officer is a member of a professional body, that member must observe the ethical and professional requirements of that body. It is public knowledge that the hon. Minister who is a former Chairman of the Institute of Certified Public Accountants of Kenya (ICPAK) has actually drawn the attention of that particular body in terms of his public conduct. The body may actually be taking action against this particular Minister. It is also important to make it clear that the Minister has violated Rule 10 which require public officers to carry out their duties in accordance with the law. In carrying out these duties, a public officer shall not violate the rights and freedoms of any person under Part IV of the Constitution. Mr. Deputy Speaker, Sir, if you look at the manner in which the Minister has conducted himself, he has violated every single principle that is contemplated by the Public Officer Ethics Act. Further, the law is meant to regulate public affairs. One must wonder what the purpose of the law is if this House can pass the law and it is flouted by the same public officers charged with the responsibility of enforcing it. About three years ago, this House enacted the Privatisation Act, 2005. This law clearly provides the framework within which the Government shall dispose of public assets. There is a very clear programme here, establishment of the privatisation programme and how that programme must guide every disposal of a public asset. Deliberately, this Minister has turned this law into limbo to buy time to conduct all these privatisations before this law came into being. It is only after Telkom Limited and Safaricom were disposed of that belatedly the Minister operationalised the Privatisation Commission. The question that must be answered is: What has the Minister been hiding from the public eye to sanction the delay in the operationalisation of the Privatisation Act? Mr. Deputy Speaker, Sir, we also have another law that the Minister must be aware of, that is, the Public Procurement and Disposal Act. This law is similarly clear that the disposal of any public asset, be they goods or services, they must follow clearly laid down procedures. The question we must put to the Minister is why he has deliberately avoided the path that has been clearly laid down in the law. Why has he acted with impunity as if Kenya is a jungle state? That question can only be answered in one way. There is a deliberate and clear scheme by him to cannibalise this State and mortgage our national heritage. The conduct of the Minister has demonstrated the damage that impunity can bring upon a nation. It has also indicated that unless the law and institutions of this country function, then we could as well all pack up and go. The law is very clear in terms of the disciplinary action that must be taken against a public officer who flouts the procedures and practices that have been established by the law. I want to urge this House and this Government to make use of Mr. Kimunya as an example. He should in a similar manner step aside as his predecessor did to facilitate investigation into the Anglo Leasing scandal. He should rise up to the occasion and not even wait for the President to act. He should honourably step aside and allow investigations into his conduct to be undertaken. If the Minister does not do so, the Opposition has a programme to visit him in his office at Treasury tomorrow and help him out of the office. I beg to second."
}