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{
    "id": 249572,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249572/?format=api",
    "text_counter": 228,
    "type": "speech",
    "speaker_name": "Ms. Karua",
    "speaker_title": "The Minister for Justice and Constitutional Affairs",
    "speaker": {
        "id": 166,
        "legal_name": "Martha Wangari Karua",
        "slug": "martha-karua"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, I think, like it has been pointed out by hon. Maore, either there is a deliberate intention to mislead the House or to be mischievous. If you look at the wording of the proposed amendment, which I support, it says, \"The Minister responsible for matters relating to human rights.\" It could be any Ministry, but it depends on the organisation of Government. I want to state that although the Act was passed in 2003 stating that the Commission will be under the Attorney-General, since the inception of this Government, matters of human rights have been with the Ministry of Justice and Constitutional Affairs. Since its inception in 2004, the KNCHR, administratively, has fallen under the Ministry of Justice and Constitutional Affairs. What does that mean? It means that, functionally, the KNCHR remains independent. However, it also means that Questions relating to them are answered and all administrative issues are served by that Ministry. So, the proposal for this amendment, which was first printed in 2004, merely meant to align what is actually on the ground with the statute so that in future, whatever Minister holds the portfolio of human rights, it is the Ministry that answers for this particular organisation. It does not matter whether it is the Attorney-General or the Ministry of Justice and Constitutional Affairs. Functional independence of this organisation is by virtue of the Act that sets them up. We are talking of administrative issues only the same way we answer for the Judiciary, the Electoral Commission of Kenya (ECK), but their functional independence remains. It will be good if we understood it from this context and not to attempt to personalise the issue. I want to repeat that this amendment was crafted in 2004. This is the third time this Bill has been republished. Nothing has changed. This is an amendment that ought to be passed."
}