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{
    "id": 236603,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/236603/?format=api",
    "text_counter": 280,
    "type": "speech",
    "speaker_name": "Ms. Karua",
    "speaker_title": "The Minister for Justice and Constitutional Affairs",
    "speaker": {
        "id": 166,
        "legal_name": "Martha Wangari Karua",
        "slug": "martha-karua"
    },
    "content": " Thank you Mr. Deputy Speaker, Sir. I also could have objected to the mention of my name. Standing Orders demand that a substantive Motion be brought to the House before the conduct of an hon. Member is discussed. However, I was tolerant enough because the matter is in public domain. Mr. Deputy Speaker, Sir, let us be fair not only to ourselves but also to the public we serve. Pronouncements made from this House are taken seriously by the public. It is, therefore, incumbent upon us to seek facts. All the facts about the perceived issues are available. The matter has nothing to do with my ministerial functions. Mr. Deputy Speaker, Sir, on the issue of the mandate of the KNHRC, we are aware of this 3388 PARLIAMENTARY DEBATES November 2, 2006 institution's mandate under Section 16 of the Act. It is true that one can stretch the definition of human rights to include economic rights. I have no dispute with that. However, is the overall mandate of the KNCHR identical to that of KACC or of the Criminal Investigations Department (CID), for example? These two can take a file to the Attorney-General for a decision to prosecute or not. The simple answer to the above question is \"no\"! If you look at Section 20 of the same Act, you will see that it mandates the institution to use any public office, officer or investigations agency in the course of its work. The nature of a human rights commission, whether in Kenya or in any other country, is more of a tribunal. It inquires into and redresses human rights. There is a definition of human rights in the Act. I will seek the indulgence of the House to read it. It is as follows: \"The fundamental human rights and freedoms of any individual, protected under the Constitution and any human rights provided for in any international instrument to which Kenya is a signatory\". So, here we are concerned with human rights of individuals. Mr. Deputy Speaker, Sir, if money has been misused, that will be a breach of the right of a group of individuals called Kenyans. The investigation of this breach would fall under other agencies. There is an overlap in Government agencies."
}