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"id": 244419,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/244419/?format=api",
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"type": "speech",
"speaker_name": "Mr. Wako",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 208,
"legal_name": "Sylvester Wakoli Bifwoli",
"slug": "wakoli-bifwoli"
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"content": " Mr. Deputy Speaker, Sir, first of all, I want to thank all the hon. Members who have contributed to this Bill for being very positive. I will start with my Seconder, Prof. Wangari Maathai, Mr. Wetangula, Mr. Mutula Kilonzo, Mr. Muturi, Mr. Githae, the Shadow Minister for Exchequer, Mr. Billow Kerrow, and Mr. Serut. We were told that Mr. Muturi and Mr. Wetangula were classmates, and shared the same room. That disclosure has put everything else I was wondering into place. I will not go into that. However, if we have to fight corruption in this country effectively, that is the responsibility of every Kenyan. It is the responsibility of every person who lives in Kenya to be alert and play his role in the fight against corruption. It is in that light that the Witness Protection Bill will enable those who would, otherwise been fearful, to come forward and report criminal offences. They will be assured of protection. Mr. Serut has mentioned that, in his own constituency, a number of people who have volunteered information to the police have been killed because the police have disclosed that information to criminal elements. He wondered how that has been taken care of in the Bill. Mr. Deputy Speaker, Sir, I want to inform hon. Serut that this has been taken care of in this Bill under Clause 22. Any person who does that is guilty of an offence and is liable on conviction to a fine not exceeding Kshs500,000 or imprisonment for a term not exceeding three years or both. So, it is regarded very seriously to disclose information to criminal elements and thereby putting into danger the lives of many people. I also want to thank the hon. Members who pleaded for my office to be strengthened. Obviously, this Bill imposes a lot of work on my office and, therefore, my office will need its capacity to be increased to be able to administer this Witness Protection Programme. In fact, I can go further and state that, at times people who are crusading or want us to perceive that they are crusaders against corruption in this country, a number of whom are not Kenyans at all, tend to focus on one institution to fight corruption. Fighting corruption must involve all Kenyans. This Bill is going to enable us to do that. Fighting corruption cannot just be one institution. You will find these people talking about one institution and saying that Kenya is doing nothing, and yet they are not saying that we must support all institutions which, in one way or another, are involved in the fight against corruption. That is why I thank the hon. Members who have said that the capacity of my office must be increased. Mr. Deputy Speaker, Sir, the National Action Plan Against Corruption was launched yesterday and I am glad that there is a recognition in that National Action Plan Against Corruption. As far as the office of the Attorney-General is concerned, the terms and conditions of service of the staff of this office must be increased, commensurate with terms and conditions of service of other institutions within the administration of justice sector. It is recognised in that action plan that the Attorney-General's office must have adequate staffing levels, particularly in the Deputy Public Prosecutions' (DPP's) Office. It is recognised in that plan that training must be undertaken by the professional staff. Prosecutors should train in specialised prosecution and drafters should train in drafting the laws that are required. It is recognised in that plan that the Attorney-General's office must have adequate modern equipment and technology. I can assure this House that if this National Action Plan Against Corruption is implemented effectively, the Attorney-General's office will not be found to be wanting. In fact, with the limited resources that we have at our disposal, both in human resources and equipment, we have done our level best and we have ensured that no file, whether it is from the Kenya Anti-Corruption Commission or from the Criminal Investigations Department (CID), stays within the office of the 1934 PARLIAMENTARY DEBATES July 6, 2006 Attorney-General. Limited although we are in terms of manpower, my staff burns the mid night oil to ensure that decisions are made on those files within at most 14 days, and in most cases within seven days. For example, the KACC is supposed to report on corruption and other economic crimes every quarter of the year. For the quarter ending 30th June, you will find that all the files that went to the Attorney-General's have been acted on. Mr. Deputy Speaker, Sir, those who shout loudest on issues of corruption should know that the Government is now very much focused on strengthening other institutions involved in the fight against corruption. It is focused on strengthening the Office of the Attorney-General, the Judiciary particularly, and so on and we are on our way there. The Chief Justice has put regulations in place to expedite the hearing of these cases. So, a lot is happening. Therefore, those who are shouting should not just be shouting, but they should be taking cognisance of what the Government is doing to ensure that there are proper investigations and prosecutions, and that they are adjudicated upon properly by the Judiciary. Mr. Deputy Speaker, Sir, this is a landmark legislation. I can assure this House that this Bill will not be misused in the example that my learned friend, hon. Muturi, said, that one can use it to protect somebody. As I said yesterday, since we can also give financial assistance, one can use it to obtain that financial assistance in a funny manner. First of all, there is a requirement that for somebody to benefit under this law, it must be a serious offence. It is already here. I agree with my \"Deputy Attorney-General\" that the Attorney-General must be given the discretion on the serious offences and that will be exercised ostensibly. However, even then, not anybody who just comes forward in order that he may get the benefits of this programme will qualify. This is because whatever information that he gives must be information which has resulted in the bringing out of the corrupt practice or the barons behind drug trafficking in a particular area, and that has resulted in actual investigations and prosecutions. So, not everybody who shouts and says: \"Yes, something has happened here\" will benefit unless that information that he has given has resulted in tangible terms to unearth a major criminal activity and also to bring the criminal activity, to book. Mr. Deputy Speaker, Sir, I do agree that this Bill, when enacted, will assist in the apprehension of serious criminals in this country. Let us take, for example, drug trafficking. The type of people we get, and our police are very fast on this, are couriers; beautiful ladies who have been enticed by the barons with money to carry drugs. They are caught at the airport with them and then, of course, we charge and prosecute them successfully. They are even afraid to talk about who the barons are because they fear them. They fear that the barons can get hold of them whether in custody or outside. That is what they fear and because of that fear, they may not be ready and willing to give information to the police, which will result in the arrest of the barons. With the passage of this Bill, I want to encourage them to come forward because if we have to tackle the drug trafficking problem in Kenya effectively, then we must really net the drug barons and not just the poor girls who are couriers of drugs. The same applies to issues of corruption, terrorism and organised crime. If we have been successful in reducing these serious crimes, then the support of the people who know, and who will not come out in the open because they are afraid, will be necessary and hence the importance of the passage of this Bill. Mr. Deputy Speaker, Sir, I would like to thank all hon. Members for the very effective contributions they have made on this Bill. Mr. Deputy Speaker, Sir, I beg to move."
}