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"speaker_name": "Mr. Sungu",
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"legal_name": "Gor Eric Sungu",
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"content": "Mr. Deputy Speaker, Sir, thank you for allowing me to make a few comments on the Report of the PIC. Allow me to join other hon. Members who have spoken before me in thanking Members of this Committee, particularly the Chairman for being so consistent. Some of the issues brought forward in this Report are so clear and evident that we really need not to over-do it. Mr. Deputy Speaker, Sir, the Chairman, mentioned something that is so important. That Kenya Airports Authority (KAA) had a contract valued at Kshs800 million and that was later varied to about Kshs10 billion. In any language, a variation should and ought to be a percentage of May 16, 2007 PARLIAMENTARY DEBATES 1421 the contract sum and not something so large that it should have been re-tendered afresh. That is obvious corruption. What we have here is a variation of 125 per cent from the original contract sum insured. That is really serious. Mr. Deputy Speaker, Sir, the other item that I wanted to mention is that as a Parliament, we have been very visionary under the able leadership of both Mr. Speaker, his Deputy and the Commissioners. We have done very well. It is high time that we brought the accounts of these corporations up to date. We are dealing with accounts of 1998/1999, 2000/2001 or 2001/2002. That is about seven years late. Some of those problems could be solved if we were to debate them timely so that some of the people who are involved can be interdicted, prosecuted and any other action taken against them when they are still in office. As we talk now, most of those who are being referred to here have already left office. I hope that one day we will find a way in which we can make this up to date. Mr. Deputy Speaker, Sir, the Report is a litany of corruption, abuse of office, mismanagement, pure raping and looting of State corporations. This is my tenth year in this Parliament and what worries me is that year in, year out, we debate the reports of PIC and PAC which are the watchdog Committees of this House, and these reports indict specific people who are named and no action is ever taken against them. Instead, some are even promoted or given more lucrative jobs. Some are sent overseas as ambassadors. I can name some of those individuals because I have sat in this Committee. It is a shame to us. Parliament should and can never be taken in vain because this Parliament represents the people of this country. Whatever Parliament says and approves, should be the word of law because we make laws in this country. Therefore, when a Committee of this House makes a Report and it is adopted and then there is no response whatsoever from the Government or the Attorney-General, all we have is a Treasury Memorandum. That, in my opinion, is a shame to this country. It is time the Ninth Parliament became serious and took positive steps to stop this morass. This power is in our hands. We can start a Committee that can make sure that whatever is reported, confirmed and accepted by this House is implemented. We need not wait for the Attorney-General to sit on his laurels, smiling all along, and yet when somebody steals chicken, he goes in for seven years. Somebody who steals a mango goes in for seven years, and when somebody steals so much money that can help the economy, you find this guy goes scot free and nothing ever happens. Mr. Temporary Deputy Speaker, Sir, if you look at some of the items mentioned in the Treasury Memorandum, it is painful to me that we have some of these things lying in the shelves, and you find that a report will say what has happened; it has stated the offence that has been committed, and has made a recommendation. For example, the very first time, it is talking about the Kenya National Trading Corporation (KNTC). It says the Committee recommends that in view of the fact that the corporation is commercially viable and technically insolvent, it should be wound up, yet the Treasury says that they want to restructure it. That kind of thing is unacceptable. It means, therefore, that, in fact, the Treasury thinks it is above Parliament, and that is not acceptable. Other sections, for example, recovery of monies owed, that has been proved to have been stolen by various individuals, for example, in the case of the same organisation at page 5 of the Treasury Memorandum, the Committee recommended that the Chief Executive should liaise with the Attorney-General with a view to preferring criminal charges against Mr. Joseph Manga Mugwe, Wilson Gachanja, former Commissioner of Lands, Pascal Kiragu Mugwe, Mr. Paul Kipkilel Magut, the then Budget Director and Ms. Grace Adera, the then Company Secretary, for the running and transferring those parcels of land without the board's approval. The status indicates that the Attorney-General had been requested by the Treasury to take appropriate action. At the time of going to print, the Attorney-General had not responded as regards the implementation status of this matter. If the Attorney-General was a serious person, he would 1422 PARLIAMENTARY DEBATES May 16, 2007 resign. This proves beyond reasonable doubt that he is incapable of carrying out the duties that we have given him under the Constitution of this Republic. When a whole Parliament of the Republic of Kenya recommends something, he does not take any action. That, to me, is a shame to this nation. It serves no purpose to refer to all these things that are in this report and the Treasury Memorandum. But one thing that stands out is that we, as a Parliament, must now come out clearly and give direction to this nation. Mr. Deputy Speaker, Sir, if it is necessary to make new laws, let us make them. But even the Standing Orders, the Powers and Privileges Committee and other Committees can make sure that whatever Parliament recommends is carried out by the Executive. With those few words, I wish to support."
}