HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 241667,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/241667/?format=api",
"text_counter": 280,
"type": "speech",
"speaker_name": "Mr. Muite",
"speaker_title": "",
"speaker": {
"id": 235,
"legal_name": "Paul Kibugi Muite",
"slug": "paul-muite"
},
"content": "Mr. Temporary Deputy Speaker, Sir, there are certain sections in the Anti-Corruption and Economic Crimes Act that are clearly unconstitutional, as the hon. Mutula Kilonzo mentioned. The Constitution is a supreme law and it vests certain constitutional rights in an individual, including the presumption of innocence. We cannot have an Act of Parliament reversing that presumption of innocence, including the right to privacy of our property. We went through some of these sections and we are recommending to the House that those that violate the Constitution should be deleted, so that the Act is in line with the Constitution. The Constitution is the supreme law. Mr. Temporary Deputy Speaker, Sir, we agree with the issue of the Public Officer Ethics Act. However, the proposal that the depository for the wealth declaration forms should go to the Kenya Anti-Corruption Commission (KACC) is a bit problematic, at the moment. If it is the judges, their declarations go to the Judicial Service Commission (JSC). As you know, for hon. Members, the wealth declaration forms go to the Parliamentary Service Commission (PSC). Any investigatory agency, including KACC, has access to those forms. Where they have reason to believe that the hon. Member for Kabete, for example, should be investigated, they will access my declaration forms there. If it is the Public Service Commission (PSC), they take it there. The Committee felt that position should continue to apply rather than getting everybody to deposit their forms where one is not even sure about confidentiality. Therefore, during the Committee Stage, we will be moving those amendments formally. We hope hon. Members will support them. Mr. Temporary Deputy Speaker, Sir, there are one or two general points I would like to make. I agree with Mr. M. Kilonzo. With due respect, we are hearing very scaring voices and sentiments coming from Mr. Kimunya. First of all, the Electoral Commission of Kenya (ECK) does not fall under the docket of the Ministry of Finance. Secondly, it is true that there may be room for improvement; for example, this House, sooner or later, will need to address whether what Kenya needs is a professional ECK or a representative one. That is an issue we need to resolve. Personally, I would go for a professional ECK. The current chairman has done a very good job. There is no question about it. However, who knows who will be the chairman tomorrow? I would like to see a situation where we have an ECK 2284 PARLIAMENTARY DEBATES July 20, 2006 of not more than five members recruited on the basis of their experience, credentials, ability and professionalism and vetted by this House; not anyone else. Let this House vet the ECK commissioners, so that they will be concerned with policy. The 22 ECK commissioners have each two vehicles, a house and security guards. They are costing us a fortune. They are doing secretarial work. I went to the DRC, they have got three commissioners, one former respected judge and two other commissioners. They have a big secretariat manned by very able young men and women, and they do the secretarial work. So, we need to rethink of the design of the ECK. The time to do that is now because this matter of the ECK is urgent. When we agreed on the commissioners being appointed by various political parties, we did not put it into the law. So, now we have a situation where one person, the President, without consulting anybody can actually appoint all commissioners. This is not in the interest of this nation. We must have an ECK that enjoys the support and confidence of the Kenya public, and whose integrity is beyond reproach. So, there is need to rethink about the entire ECK. The rethinking should be towards enhancing their independence and autonomy, not the other way round, or making them subjective to the President, a particular Minister or Ministry. Therefore, I join Mr. M. Kilonzo in saying that Mr. Kimunya, in suggesting that he will subdue the ECK, is putting himself on a collision course with this House. I hope that when time comes, this House will stand up for the independence and autonomy of the ECK."
}