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"id": 236600,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/236600/?format=api",
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"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
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"id": 166,
"legal_name": "Martha Wangari Karua",
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"content": " Mr. Deputy Speaker, Sir, I rise to give the Government's position on this Motion. I will begin by making comments on the remarks just made by my learned colleague on the other side. I assume the remarks are made out of either lack of proper information or misapprehension of the facts of the case. Mr. Deputy Speaker, Sir, my Ministry and I respect the operational independence of the KNCHR and, indeed, of all other affiliates of the Ministry, like the Kenya Anti-Corruption Commission (KACC). There is also the Electoral Commission of Kenya (ECK), which is not under us, but operation-wise, we deal with the issue of elections. As a lawyer and person who believes in separation of powers, I do personally respect their independence. Ever since I took over the Ministry, and even before then, we have tried to foster understanding between the Ministry, the KNCHR and also the perception of the KNCHR by other agencies of Government, so that it may have free access in performance of its duties. November 2, 2006 PARLIAMENTARY DEBATES 3387 It is in the public domain that the public relations of the KNCHR has not been up-to-date with other departments. Therefore, it has difficulties accessing information from the police and other Government departments. The simple problem is public relations. My Ministry is committed to assisting the KNCHR in this and helping them build their capacity. Mr. Deputy Speaker, Sir, however independent an institution is, be it the Judiciary, Parliament, the Electoral Commission of Kenya (ECK) or the Kenya National Commission on Human Rights (KNCHR), it is not free from audit queries. No institution or person is free from financial regulations and audit queries. If this House, and all hon. Members believe in transparency and accountability, we should be the last to try to shield an individual or institution from legitimate audit queries. The Minister for Justice and Constitutional Affairs, and any other Minister for that matter, does not raise audit queries. They are the preserve of the Controller and Auditor-General. The Controller and Auditor-General's report, which has been laid before this House, raised several queries on the KNCHR. The Departmental Committee on Finance, Trade and Planning is aware of this. There is an Accounting Officer in my Ministry. She is the person who will be called to Parliament to answer these queries. It is incumbent upon her to seek answers from the institution concerned. Therefore, answers were sought from the commission. These answers were not forthcoming. As the matter progressed, assistance was sought from the Kenya Anti-Corruption Commission (KACC), whose mandate is not only to investigate but also to strengthen systems of all public institutions, so that they may act with accountability. Mr. Deputy Speaker, Sir, it is shocking that the committee of Parliament that liaises with this particular institution would be without such information, either for choosing not to find out or because of being too busy to do so. Mr. Deputy Speaker, Sir, I am surprised that certain positions can be taken without information. Audit queries are not a Ministerial function. A Minister cannot shield any individual, including another Minister, from audit queries. They have to be answered one way or the other. Therefore, my Ministry will continue to discharge its duties. However, we urge the KNCHR to respond to audit queries. If it does not, the matter will progress. I am aware that the Committee of Parliament that is concerned has already summoned the KNCHR before it to explain itself. The Commission's position was that my Ministry should not question it. It is not my Ministry which is questioning it; it is the Controller and Auditor-General, who is doing so! It is information that my Ministry requires to be able to take a position before a committee of this House. Let us not be quick to comment on matters from a position of ignorance. Let us seek information before we make accusations and---"
}