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{
    "id": 263892,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/263892/?format=api",
    "text_counter": 256,
    "type": "speech",
    "speaker_name": "Ms. Karua",
    "speaker_title": "",
    "speaker": {
        "id": 166,
        "legal_name": "Martha Wangari Karua",
        "slug": "martha-karua"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I have also seen Clause 35, which talks about the offences. Clause 35 says that any person who contravenes sub-section (1), who without justification or lawful excuse, obstructs or hinders, assaults or threaten a member of the Commission staff or submits false or misleading information and misrepresents or knowingly misleads a member or the staff of the Commission will be liable on conviction to a fine not exceeding Kshs3 million or imprisonment to a term not exceeding five years or both. I commend this Section but I want to recommend that we go further the same way we did with the electoral laws. We created offences for all the participants in the electoral chain. We created offences for candidates, for their supporters, for the electorate and for the Commission and its staff. I am recommending that we go a step further and we create an offence or offences by members or staff of the Commission; that if any person knowingly misleads, misrepresents or subverts the law so as to defeat the interest in title of an individual or of the public, shall be liable to an offence and I propose equal penalty to that given in 36. I am saying this because a lot of problems in this country have come as a result of land. There would be people trying to hide their tracks where they have grabbed. There will be people trying to give misleading information if they want certain people to lose interest in land. We should put a very high threshold so that anybody who is working for the Commission knows that performing functions in the Commission is walking tight rope and that you really must do everything with utmost integrity. I recommend that at the Committee Stage we include a clause there for offences by the Commission or its staff. I have been looking at the First Schedule on procedure for appointment of chairperson and members of the Commission. I have also looked at the problems we have undergone here in Parliament when doing vetting. We have complained about vested interests in either the selection panel or some of its members. Some times when the two interests are appointing, they are also not always devoid of interests because they have people behind them pushing them. We should include that any member of the selection panel who has an interest regarding any applicant must disclose and failure to do so will constitute a criminal offence. We must also make it clear that when the names – this is a political process – get to the two principals, if by chance any of the people listed is in any where related to them they have to let us know up front so that as we debate the names in Parliament we debate from a position of information. That is not to say that anybody related to a Principal cannot get a job. However, let us have first hand information so that as we assess the qualification we know whether it was by merit or patronage. That is very important so that manipulations do not occur. Mr. Temporary Deputy Speaker, Sir, other than those few areas I have mentioned, like I said, this is a very straightforward Bill and we should strengthen the areas that we need to strengthen so that we get rid of it and the Commission comes into being to assist us in the rest of the work. As regards the members of the Commission, the appointment of the Commission is under Clause 7. It provides for a Chairperson and other eight other members. That is necessary for the first Commission. Because of the way we are fragmented, it is necessary that we have members coming from all corners of Kenya. What about in the future when our country is moving well and we have got over our bad past? Is it possible that this clause should be worded differently to say, “Shall consist of a chairperson and not more than eight other members.” In the future, when we have reached a better place, the authorities of that day may find it fit to only appoint three members or five members of that commission. I, however, want to admit that for now we need that large number because of the various interests in the country and until we reach a more cohesive state. With those few remarks I beg to strongly support and recommend that we debate this to the end and we bring forth the Commission immediately."
}