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"id": 27382,
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"type": "speech",
"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
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"legal_name": "Mutula Kilonzo",
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"content": " Mr. Deputy Speaker, Sir, thank you very much for giving me this opportunity to move one of the most fundamental laws that this country has been looking forward to, in the spirit of the new Constitution. Therefore, I beg to move that The Commission on Administrative Justice Bill be now read the Second Time. Mr. Deputy Speaker, Sir, the main purpose of this Bill is to provide for a legislative framework for managing public administration relative to the citizen. In establishing the framework, the Bill seeks to restructure the Kenya National Human Rights and Equality Commission so as to establish a Commission on Administrative Justice with the latter being the successor to the former. In fact, I want to salute and congratulate the House because they have already passed the Kenya Human Rights Commission Bill in which this restructuring was expressly acknowledged. Mr. Deputy Speaker, Sir, this Commission will not be subject to control or direction by Government and shall only act in accordance with the values and principles set out in the Constitution and laws of Kenya. But we have already provided that at the end of the first five years, Parliament shall have the power to look at the two human rights bodies and consider whether to extend the mandate or whether to collapse them into one. Membership of the Commission will be limited to five members. My Ministry has continued to listen to the public and this House and, therefore, if you look at the Bill, we have proposed that the members be only five instead of the nine in other commissions. It has the chair and four other members. The idea here is to ensure that the Commission is not unnecessarily large. You will find that in Clause 9. Mr. Deputy Speaker, Sir, the Bill further assigns specific functions relating to investigations and inquiry into public administration by State organs and other public institutions. In essence, the Commission will ensure that the Government publicly owned businesses, bodies created under statutes, public office holders and all other organs of the State are responsive to the needs of the people and provide prompt remedy in cases of failure. We are also proposing very high qualifications for the chairperson and commissioners. You will find that in Clause 10. They will be recruited transparently in the usual manner that this country has now understood since last August. This will ensure that only the most professional persons with proven integrity are appointed. However, all these provisions notwithstanding, I am aware that there has been considerable debate touching on restructuring of the KHREC into two or more in terms of Article 59. I sincerely feel humbled and very much encouraged by the responses that the House has shown towards this matter. Mr. Deputy Speaker, Sir, the Bill is responsive if I may say so. If you recollect when His Excellency the President addressed this House on 22nd March, he specifically stated that out of his long experience, his Government will be bringing this Bill to the Floor of the House for purposes of enactment. You will also recall that as soon as His Excellency the President got elected, one of the most fundamental things he did was to establish what is otherwise in Kenya called the Ombudsman Complaints Committee. This was done through the use of a gazette notice. Listening to the public who come to Government offices day in, day out, they are gravely mistreated; files are lost and often you find they are being requested for small bribes in situations where, under the new Constitution, they should enjoy open and transparent support of Government officers without any qualification whatsoever. Therefore, the need and the time for this law has come. With those far too many remarks on an issue that is beyond reproach, I beg to move. My good friend the Deputy Leader of Government Business, Mr. Kimunya, will second the Bill."
}