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"id": 228686,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/228686/?format=api",
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"type": "speech",
"speaker_name": "Mr. Gachagua",
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"speaker": {
"id": 228,
"legal_name": "James Nderitu Gachagua",
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"content": "The Public Officer Ethics Act is clearly inadequate to deal with corruption in this country. You are aware that when this law was first brought on the Floor of this House, it was brought as a constitutional amendment. This is because we needed to deal with issues relating to privacy under the Constitution so that one could prosecute certain matters. However, we realised, as a House, that, as a constitutional amendment, we would not have been able to pass this law because we March 29, 2007 PARLIAMENTARY DEBATES 265 could not have garnered the necessary two-thirds majority. So, what did we do? We brought this amendment back as a simple Bill so that we could have the necessary simple majority to pass the anti-corruption law. Mr. Temporary Deputy Speaker, Sir, that is where the problem is. The current anti- corruption law cannot be used to prosecute anyone. This is because of the issues related to protection of privacy and self incrimination under the Constitution. Therefore, we, as a House, must bite the bullet. We must have the courage to bring in constitutional amendments to make the anti-corruption law have teeth to deal with corruption issues. Mr. Temporary Deputy Speaker, Sir, this House has a duty to streamline the anti-corruption law, so that we deal with issues related to corruption. The law, as it is today, is not able to do so. This is the august House; this is the body responsible for making law and we must take that responsibility. We should not shift the blame to the Government or the Attorney-General. We must enable the Attorney-General deal with this issue substantively. That way, we shall be contributing in making sure we wipe out the vice. Mr. Temporary Deputy Speaker, Sir, I also want to talk about issues of Constitution and proposed reforms, as we move to the general elections. It is good for us to be honest. It is also good not to keep on shifting goal posts. Certain presentations have been made to the effect that it is important for this House to make certain amendments in order to level the play-ground before the general elections. I am happy to say that, non other than His Excellency the President, has acceded to this in the Government of National Unity (GNU). He has directed that a committee sits down and starts looking into these issues. That having been done, what do we have now? We have the same people who were asking for these amendments shifting goal posts. They are now saying that in the committee, they cannot have Ms. Karua. They are also saying they cannot sit without representation from the civil societies. This is shifting goal posts! I am appealing to hon. Members of this House to stop playing politics with these issues. Now that a committee has been formed, the ball is rolling. Let us take the initiative and deal with these issues. Frankly speaking, some of these issues are not contentious. They are issues of particular interest to every hon. Member in this House. This is particularly so with issues related to the Keter Bill on independence of this House and its ability to handle its own calender. These issues are not contentious. Let us not allow politics to derail this process. Let us join hands and move forward. Mr. Temporary Deputy Speaker, Sir, the issue of holding of positions in the Government has been brought up on the Floor of this House. A certain community has been accused of monopolising various positions. I think a time has come when this issue must be disposed of. I think the Government has a duty to table all these appointments. They should not only table the appointments, but also those of the other 41 tribes in this country. The list should read like; this tribe has a population of five million, out of which so many hold the following positions. We cannot simply talk of tribes. Tribes are made of individuals. Every Kenyan has a constitutional right not to be discriminated upon on the basis of his or her tribe. Mr. Temporary Deputy Speaker, Sir, if one tribe has a population of two million people, we want to see a proportion representation in various positions in the Government. It is only when we do that, that we can see a picture of whether there is discrimination. We cannot just talk about tribes without talking about the number of people in the tribes. I hope the Government takes this initiative because, in my own feeling, this is something that should be done away with. I am saying if the Government is not ready to do so, we are ready to bring substantive Questions on the Floor. The Government will answer them and this House will have an opportunity to see who is where, in what position and from which tribe. Mr. Temporary Deputy Speaker, Sir, I now turn to the issue of allocation of resources. It is 266 PARLIAMENTARY DEBATES March 29, 2007 a well known fact that this is an agricultural country. However, there has been a lot of lip-service paid to that sector. The allocation of resources must reflect that reality. The allocation of funds to the Ministry of Agriculture and the Ministry of Water and Irrigation is minimal. It is a contradiction that this country is an agricultural country, and yet we continue to allocate very merger resources in those areas. With those few remarks, I beg to support."
}