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"id": 236598,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/236598/?format=api",
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"type": "speech",
"speaker_name": "Mr. Marende",
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"speaker": {
"id": 289,
"legal_name": "Kenneth Otiato Marende",
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"content": "Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to second this Motion which is of great national importance. It is worth noting that the KNCHR has been operational since the coming into effect of the Kenya National Commission on Human Rights Act in the year 2002. At the commencement of the Act, Parliament was accorded the opportunity to vet the appointment of the first nine commissioners to serve in the KNCHR. During that time, Parliament, through the Committee on Administration of Justice and Legal Affairs, did approve 12 3386 PARLIAMENTARY DEBATES November 2, 2006 candidates out of whom His Excellency the President, exercising his authority under the Act, appointed nine commissioners. Mr. Deputy Speaker, Sir, by the provisions of the Act, in particular, Section 9, the functioning of the KNCHR is such that the commissioners appointed operate on a rotational basis, except the Office of the Chairman of the KNCHR. The other eight commissioners, at the beginning of their term, ballot such that four of them have their term expiring after serving for two years and the other four will then have their term expire at the end of five years. This exercise, therefore, becomes necessary because four of the commissioners had their terms expire. So, the KNCHR is operating under stress. Instead of nine commissioners, the KNCHR now runs with only five commissioners, which is the bare threshold required quorum for the KNCHR to be properly constituted in any of its meetings. Mr. Deputy Speaker, Sir, this exercise, which is before Parliament now, is of great urgency. I will urge the House to approve the nominations as have been vetted by the Committee on Administration of Justice and Legal Affairs. The committee conducted the vetting exercise completely transparently and in compliance with the provisions of the Act. So, among other things the criteria of ensuring that we have selected the very best that are available in the area of human rights, has been met in all respects. First, they have the necessary academic qualifications. Secondly, they have experience in the area of human rights. It will be in order for the House to approve these names, so that they can be forwarded to His Excellency the President to appoint four, out of six names. Mr. Deputy Speaker, Sir, it is important to note that the functioning of the KNCHR is underpinned by statutory provisions which confer and vest certain powers and functions in the KNCHR. By the provisions of Section 18 of the Act, it is conceived that the KNCHR will be completely independent. It will not be controlled by any person. Lately, there has been a problem. It is in the public domain that, perhaps there is not so much understanding or agreement between the Chairman of the KNCHR and the Minister for Justice and Constitutional Affairs. Whereas we respect the general oversight role of the Minister on the KNCHR as one of those departments that operate under her Ministry, it is important that she respects the independence of the KNCHR. She should let it execute its mandate freely and independently, as the Act anticipates, so that they can uphold the human rights of all Kenyans. I have so much respect for the Minister, being a professional colleague. It is necessary that she ensures that there is harmony and synergy among all departments that operate under her Ministry. That is what good leadership is all about. Mr. Deputy Speaker, Sir, with those remarks, I beg to second."
}