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"id": 253925,
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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",
"slug": "martha-karua"
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"content": " Thank you, Mr. Speaker, Sir! It reads:- \"I refer to your memo on the above subject dated 5th September, 2003. Will you please go ahead and submit the proposal to the Treasury for technical evaluation. Submit the proposed contract document to the Attorney-General for legal opinion and finally, request the Ministry of Finance to consider and approve the project, if it finds it viable. The only point that may need to be re-looked at is the interest rate. Perhaps, 4.75 per cent would be more acceptable to Treasury.\" It is true that he saw the documents! But he is saying: \"Do the work as you should.\" I have read it in full, so that hon. Members, are clear on the full contents of the memo. Can this memo be said to show that one knew about the illegal on-goings? That answer will be given by the investigators. But it is quite clear that he said technical evaluation should be done, Treasury should be contacted on the viability of the project and the Attorney-General should give a legal opinion. A Minister cannot be a jack of all trades. You have to submit to the experts. Mr. Speaker, Sir, I am, however, very glad that the Public Accounts Committee (PAC) performed commendably under the circumstances. Both the Chairman of the Committee and the Seconder of the Motion, who is the Vice-Chairman, agreed that the matter requires more investigations. That way, we will not make prejudicial conclusions before investigations are carried out. It is very important in law! It is better to let a guilty person go free than convict an innocent person. That is why we have a due process where the investigator is not the same as the prosecutor, nor is he or her a judge. A person is given ample opportunity to do all that. As a Government, we are committed to due process. I invite those who were not in the House in August, 2004, when I moved a Motion not only to expunge the name of Mr. Mwiraria when he was the Minister for Finance, but also to expunge a blanket recommendation saying: \"Ministers and Permanent Secretaries will, henceforth, be 438 PARLIAMENTARY DEBATES April 6, 2006 responsible for any theft in their offices---\" I said: \"No, that is not due process!\" I want, as a Minister, to be responsible for my own acts and omissions. But if somebody else deliberately does something wrong and I am not involved, I cannot bear the burden of that person. Even on political responsibility, if it is shown that I did not do what is expected of me, then I am ready to bear that political responsibility. Today, we are seated on this side. Yesterday, you were on this side. Tomorrow, you could be seated here and we are there. You will demand the same fairness. Let us give the same measure that you would want to be measured with, even to your enemy. If you do not do that, you will go the same way tomorrow. You will push someone unfairly. So, let us all advocate for due process. Mr. Speaker, Sir, we know that the task of bringing those matters to a close; that is, investigations and prosecutions, may take us a long time. But it can also take us a very short time if we have unity of purpose as leaders of this country. Information will be forthcoming. We will know those who have assets disproportionate to the sweat they have put in. We will know those who have acquired massive riches within a time you, ordinarily, could not have acquired. That applies to everybody, whether you are a Minister or an ordinary Member. The Statute Law (Miscellaneous Amendments) Bill has now been published. It is going to come here. As a Parliament, we must show Kenyans that we are committed to fighting graft. We must, as a House, agree to declare our assets. There is an amendment to the Public Officer Ethics Act that will force us to declare our assets to the people. That way, we will be able to check how much you accelerated when you entered Parliament, when you became a Minister and when you ceased to be one. Is that possible in normal business?"
}