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"speaker_name": "Mr. Kenyatta",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. I do, indeed, support this Motion. However, I have a few issues that I would like to put forward. First and foremost, after listening to the Minister, I appreciate that, indeed, she respects the right for our commissions to be independent. Furthermore, I support her when she says that all of us, individually and collectively, are accountable. Even the Kenya National Human Rights Commission is also accountable when it uses public resources. Towards that end, we intend to support the Minister in ensuring that all public funds are utilised in the best interest of the Kenyan people. However, the key question here is on the independence of these commissions. As she has correctly stated, the human rights issue is not a partisan issue. The issue of human rights should not be addressed from an Opposition or the Government's point of view, but, rather for the interest of the people of this Republic. Indeed, it is because of that, that the manner in which Commissioners are appointed is a very important issue. The reason why we have separation of powers is for checks and balances. The reason why Parliament, in its wisdom, gave this House the mandate to go through the names of the nominees and ultimately hand them over to the Executive is to ensure that the names that are put forward do not belong to one side, but are truly representative of the people of this Republic. We are increasingly becoming worried by a Government that is seemingly wanting to get a greater and greater say in the role and work of our commissions. Why do I say this? One wonders whether the issue put forward by the Minister about the appointments and who is charged with them is not occasioned by various altercations that we have seen in public, for example, between the Kenya Human Rights Commission and the Ministry. It is clear that the KNCHR has come up with a number of reports that have pointed out misdeeds by Members of the Government and their officials. Those reports have been prepared and made public. However, we are yet to see any action. We are concerned that if the Government continues to try and get an increasing role in the appointment of members of various commissions, we might begin to see the independence of those entities actually eroded. Mr. Temporary Deputy Speaker, Sir, I say so, because I am concerned about the Electoral Commission of Kenya (ECK). We are all aware that the terms of a good number of commissioners have expired. How is this Government intending to fill those vacancies to ensure independence and fairness? Does it intend, as the previous Government did, to abide by the terms of the Inter-Parties Parliamentary Group (IPPG) agreement as we await a new constitution or is it intending to appoint November 2, 2006 PARLIAMENTARY DEBATES 3391 arbitrarily? That puts to question a very critical part of our democracy. It puts it at stake. These are not small matters. As the Minister herself has said, there are issues that need to be handled in a bipartisan manner in order for Kenyans to be able to trust the verdict of those commissions. Can you imagine a situation where a commission like ECK is arbitrarily appointed by one side? What reason will Kenyans have to believe that the results or announcements of that commission are a true reflection of the will of Kenyans? If tomorrow we were to dispute those results and say: \"Yes, we dispute those results because the commissioners are biased.\" Are we encouraging and entrenching democracy, or are we eroding the very democracy that we ourselves have sworn to protect? Those are pertinent issues as we approach an election year. They are pertinent issues as we move to consolidate the hard gains of democracy in this Republic. I am proud to stand here and say that after the election of 2002, I conceded defeat on the basis that the elections were run on a free and fair basis. Is that likely to happen if the commission itself is put to question? Will it be possible if, even before we go to the elections, we are challenging one another as to the ability of a commission to run a free and fair election? I am sorry to concentrate on that issue, but it is pertinent. It relates to the issue at hand. Mr. Temporary Deputy Speaker, Sir, if, indeed, the Minister has said that there are certain critical issues that we need to put partisan interests aside, then that calls for true legitimate dialogue on both sides for consensus to be build up in order for all of us to respect the work of this valuable commissions. With due respect, Parliament and political parties may not necessarily have the manpower to be able to vet and go through names. This House needs to empower both Parliament and political parties for us to have the manpower to choose the right people. However, despite that fact, the greater reason is not necessarily the lack of skills. The reason why this House takes on certain responsibilities is more than getting the right calibre to ensure that individuals have the trust and the faith of this House and of the Republic as a whole. That role, we cannot erode on the basis that it is only the Government that has the tools to pick the right people. By so doing, we are denying the alternative view an opportunity to pick individuals who could guarantee free, fair and impartiality in the decisions and actions of various commissions. Mr. Temporary Deputy Speaker, Sir, as I support, I look upon and request the Government, not just with regard to the KHRC only--- We hope we are not going to see names presented and then returned to this Floor by the President. We do hope he will adopt and accept those names. We will try and strengthen our legal committee to ensure that next time, they have the right kind of technical staff to ensure that they pick the right people. We also hope that the President, in his wisdom, will realise why he was an active participant of the IPPG package in 1997 and will abide by those rules until such time as the new constitution is enacted. Hopefully, we will constitutionalize the manner and mode of appointment, not just of commissioners to the KHRC, but also to the ECK and all other such bodies. With those few remarks, I beg to support."
}