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"id": 210574,
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"content": "Very well. Let me refer to the Question by Mr. Weya on the Ministry of Energy. Hon. Members will recall on 11th July, this year the Member for Alego Usonga, Mr. Weya, asked Question No.357, which is on the Order Paper today, concerning the amount of fuel concession received from the Nigerian Government. The Question was answered by the Assistant Minister for Energy, Mr. Kiunjuri. The Member for Langata, Mr. Raila, declared his interest in the Question by stating that he was involved in the negotiations of the deal. The Chair deferred the Question until 19th July, 2007. On that day, Mr. Kiunjuri informed the House that: \"The concession was signed in 1999 by the then Minister for Energy, Mr. Raila Odinga.\" The Question was, again, deferred and returned to the House on 26th July, 2007. The hon. Assistant Minister stated: \"The genesis of this Question must now be allowed to be followed. There are no records that are available on the premiums paid, revenue received and the contracts lifted by the Vital (SA) Geneva between 1999 and 2000. The hon. Raila Odinga who served as the Minister for Energy in 2001 and 2002 is in a better position to comment on why the records are not available.\" The hon. Assistant Minister further proceeded and said as follows: \"In 2004 when a lifting contract was awarded to Acadia, the tender premium was US$10 per barrel. However, for no apparent reason, and in contravention of the Public Procurement Procedure, the premium was raised to US$70 per barrel without the knowledge of the Accounting Officer. The hon. Ochilo-Ayacko who was the Minister for Energy may wish to comment on this issue.\" The Question was again deferred to Tuesday, 31st of July, 2007 during which time the Member for Rongo, Mr. Ochilo-Ayacko informed the House that Mr. Kiunjuri had dragged his name and that of Mr. Raila to the effect that some documents are missing in that Ministry. He continued: \"Was the Assistant Minister in order to allege that those documents might have left their custody when Mr. Raila or I, was the Minister for Energy?\" Mr. Raila Odinga also stood up to assure the House that not a single document was removed from the Ministry when he was a Minister. Then, Mr. Kiunjuri, stated as follows: \"The only person who can give the correct version of what occurred is the Assistant Minister or the Minister. I am telling this House that documents are missing and the only person who can tell us where the documents are, especially for 2001 and 2002 is Mr. Raila Odinga. Therefore, it is not an allegation. The documents are missing and he is in a position to tell us where they are.\" The Chair informed the Assistant Minister that he was imputing improper motive against the hon. Member and wondered whether he had evidence that Mr. Raila had the custody of those documents which were missing. Mr. Kiunjuri stated as follows: \"If the documents are missing, we can call other arms of Government to investigate what happened to those documents, including investigating the then Minister for Energy and the person who was in charge of the National Oil Corporation at that time. I am telling the House the whole truth. The only way this House can establish whether I am telling the truth or not is to allow other organs of law in this country to investigate this issue.\" At this point, the Leader of the Official Opposition, Mr. Uhuru Kenyatta demanded that Mr. Kiunjuri be made to substantiate his allegations against Mr. Raila Odinga or withdraw. The August 2, 2007 PARLIAMENTARY DEBATES 2945 Chair also reminded Mr. Kiunjuri that for him to allege that documents in the Ministry went missing during Mr. Odinga's tenure in the Ministry is tantamount to passing the responsibility for the loss of those documents to Mr. Odinga, to which Mr. Kiunjuri again said: \"That between 1999 and 2000, no records are available on the premiums paid and revenue received and fuel lifted. Mr. Raila Odinga who served as the Minister for Energy in 2001 and 2002 is better placed to comment on why records were not kept.\" Mr. Raila Odinga reminded Mr. Kiunjuri that he was the Minister in 2001 and 2002. Mr. Kiunjuri insisted: \"I have been very clear. I said Mr. Raila Odinga is better placed to comment. That is exactly what I said. I never said that he is in custody of those documents. It is very clear that he is in a better position to comment on why the records were missing which he has done.\" Hon. Members, from the HANSARD records, it is evident that the Assistant Minister was categorical that certain documents relating to this Question are missing. The issue that needs to be answered is where and who has the documents. In my opinion, the Assistant Minister is responsible to this House on all matters; past and present, relating to the operations of the Ministry. This responsibility cannot be shared, at least, not in this House, with any other hon. Member other than a fellow Minister. Under the circumstances, it is out of order for the Assistant Minister to infer that the documents are either with the former Ministers in that Ministry or that the former Ministers are in a better position to inform the House as to their whereabouts. Of course, the Assistant Minister, in the course of his duties is at liberty to institute investigations to establish the whereabouts of the documents, but he is definitely out of order to insinuate that Mr. Raila or Mr. Ochilo-Ayacko have information as to who has the documents and where the documents are. Hon. Members, I, therefore, rule that the Assistant Minister withdraws that statement inferring improper motive against a Member of this House without moving a substantive Motion in accordance with our rules of procedure. He may wish to carry out investigations as to where the documents are. As far as this House is concerned, only the issue of our rules of procedure of imputing improper motive made the Assistant Minister be out of order. He may, therefore, withdraw and then we proceed. Mr. Kiunjuri."
}