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"content": "Thirdly, while this matter was still in the hands of the said Committee, the foreigners at the centre of all this controversy were alleged to have been involved in a dramatic scuffle at the Jomo Kenyatta International Airport (JKIA), involving them, the Customs and security officers. It is this event that finally jolted the Government to decide that those businessmen, if businessmen they were, were undesirable and had to leave the country. Whether they were deported or kindly asked to leave the country is neither here nor there. They finally left the country. They, nevertheless, left behind a storm, the like of which has never been inflicted on the national psyche and pride of the June 27, 2006 PARLIAMENTARY DEBATES 1593 Kenyan people. They have also aroused debate on the constitutional relationship between the various organs of State, leading to what some commentators have termed a confrontation between Parliament and the Executive arms of the Government, and possibly the Judiciary. The fourth issue I would like to generally address is the way this particular matter has been approached by the Departmental Committee on Administration of Justice and Legal Affairs and particularly, by its Chair, Mr. Paul Muite. The House, by virtue of sections 56 and 57 of the Constitution has set up through Standing Orders, its various committees. These include Departmental Committees under Standing Order No.151. Their mandates are clearly set out in the schedule to the Standing Orders. The procedure to be followed is further, buttressed by the various provisions of the National Assembly Powers and Privileges Act, Cap 6 of the Laws of Kenya. It sets out inter alia, the method of calling or summoning witnesses and by whom. It also provides for penalties in the event of disobedience. The Act does not empower the Committee or its Chair to personally summon witnesses, either in writing or verbally. It is the Clerk under the direction of the Speaker, who is mandated by the law to summon any witness. It is the Attorney-General who is mandated to prosecute those who defy the summons lawfully issued as aforesaid. The Committee or its Chair do not enjoy such powers. The tradition in the Commonwealth and in this House, is that the Committees in the first instance, do not summon their colleagues but they are invited to attend the Committee. They are only summoned if they unwisely, without reasonable cause, decline the invitation. This practice is meant to ensure smooth operations of the Committees and the House, devoid of unnecessary posturing and politicising the work of the Committees which should be guided by the sole desire to obtain facts, and only facts, from the persons appearing before them. The sad fact, however, is that some Committees and their Chairs, have completely and knowingly neglected to follow the written law and the practice of this House. This has led to the politicising of Committees and their work to the detriment of the dignity and honour of the House. Perhaps, there is no better known exemplification of this than the hon. Member for Kabete, Mr. Muite. I have cautioned this hon. Member against this on occasions without number and I now wish, from the Floor of this House, to do so again. To curtail this breach of law and ensure that nobody acts with impunity against the laid down procedures, the Clerk is now directed to ensure that those who act willingly against the laid down procedures will enforce their unlawful orders, if they can, on their own. No person is a law unto himself! Finally, I wish to address the issue of impunity that has slowly but surely crept into the conduct of our national affairs. All public institutions are created to serve the public. They exist because they have to advise the public. They must be open, responsive and accountable to the general public in whatever they do and in whichever way they do it. This includes Parliament. This House must move with speed, to stop the culture of impunity from taking root in our public actions and/or omissions. The time is now and the place to start is here. I now turn to the various issues which I earlier on identified as being the core of the dispute between the Committee and the Minister for Justice and Constitutional Affairs. As a starting point, I take it that all are aggrieved that the conduct of the said foreigners since they came to the national limelight have caused public concern. I also think that the public officials charged with the various responsibilities of ensuring that this melodrama was stopped in its tracks failed to do so. In failing to do so, eyebrows have been raised. The public, their employers, are entitled to an explanation. This is where Parliament comes in."
}