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"id": 246471,
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"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
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"content": " On a point of order, Mr. Speaker, Sir. I rise to seek your guidance on a very important matter. We are governed by a constitutional order where there is separation of powers between the Judiciary, the Legislature and the Executive. The events of the last few days are threatening this separation of powers. The Executive has the role to govern and implement while the Legislature has the role of a watchdog, to inquire and audit. Last week, on 13th June, 2006, the President, pursuant to Cap.102, the Commissions of Inquiry Act appointed a Commission to investigate into the security lapse at the airport. At the same time, two Committees of this House, namely, the Committee on Administration of Justice and Legal Affairs and the Committee on Security and Local Authorities have both set up to make similar or parallel inquiries. This may look like it is in order, but when one looks at Standing Order No.151(iv)(a), part of the mandate of Departmental Committees is:- \"---to investigate, inquire into, report on all matters relating to the mandate, management, activities, administration, operations and Estimates of the assigned Ministries and Departments\". So, principally, Parliament audits the Executive. Parliament itself is not an initiator of investigations that spread out to the public. Mr. Speaker, Sir, I have written a letter to you which I wish to lay on the Table of the House, outlining the legal issues that arise from this. I will lay it on the Table, so that it is available to the hon. Members who may have something to say on the issue. I am having a problem with the word \"investigate\". Does it relate to investigations as we understand the police to carry out investigations or can it go beyond the actions of the Executive to the general public, for instance? You will recall that when the Public Accounts Committee tabled its report on the Anglo Leasing Contracts, its final recommendations were that the Attorney-General should take certain actions and the police should also take certain actions. Parliament, in other words, after its investigations into Executive's actions, directs the Executive on what areas to concentrate on because Parliament was never meant to govern. It was meant to legislate and audit. This is a transitional Parliament in the sense that this is the first time that there has been change of Government and there has been such vibrancy which, we as the Government, appreciate, but 1436 PARLIAMENTARY DEBATES June 20, 2006 should not threaten the separation of powers. I am urging you to look at Section 30 of the Constitution which states that the principal mandate of Parliament is to legislate. Therefore, whatever else is done under the Standing Orders cannot override the constitutional order. If you look at Section 23 of the Constitution, you will find that the Executive authority of the Republic is vested in the President. Section 23(ii) allows Parliament to make laws; to vest the Executive authority in other people, which we have not done. Can we, at this time, set up a parallel Committee to investigate or should these two Committees wait for the six weeks, audit the action of the Government, poke holes into the Commission's report and then carry out their mandate? Mr. Speaker, Sir, these are fundamental questions. I do not envy you in your task, but you are called upon to make a ruling, so that we do not distort the constitutional order. I had sought the opinion of the Attorney-General and I also want to table it before the House, so that it is also available to the hon. Members, so that people with adequate responses on these issues can raise them. This is the first time in the history of our Parliament that these serious issues are arising and they need serious legal consideration. We have advised our officers in the meantime to avail themselves according to their schedule of duties but---"
}