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{
    "id": 249670,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249670/?format=api",
    "text_counter": 326,
    "type": "speech",
    "speaker_name": "Mr. Marende",
    "speaker_title": "",
    "speaker": {
        "id": 289,
        "legal_name": "Kenneth Otiato Marende",
        "slug": "kenneth-marende"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, I rise to support the amendment by the Departmental Committee, largely on the ground that the amendment by introduction of Section 7A will, clearly, be in conflict with Section 26(4) of the Constitution, which vests the power to order an investigation in the Office of the Attorney-General. That provision is so explicit. It says that the Attorney-General may order the Commissioner of Police to investigate. So, if the arguments by the Attorney-General were to have any credence, then the cure would be to amend the Constitution to include the Director of the Kenya Anti-Corruption Commission among the persons who may investigate crime on the orders of the Attorney-General. That must be clearly understood. Short of that, then we will be seeking to vest in the Director of the Kenya Anti-Corruption Commission by an Act of Parliament power that is 3898 PARLIAMENTARY DEBATES September 12, 2007 constitutionally conferred on the Office of the Attorney-General. To the extent that there is that contradiction and inconsistency, this provision will be null and void. Further, this area, if we legislate as proposed now, will be another hot spot for conflict between the Office of the Attorney- General and that of the Director of the Kenya Anti-Corruption Commission, the Director of Public Prosecutions and other officers falling under the Office of the Attorney-General. The Attorney- General's amendment is dangerous. Therefore, we should oppose it and support the amendment moved by Mr. Cheboi, on behalf of the Departmental Committee on Administration of Justice and Legal Affairs. Thank you."
}