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"id": 27395,
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"speaker_name": "Mr. Baiya",
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"legal_name": "Peter Njoroge Baiya",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I also wish to support this Bill, but subject to the following comments: Commissions on administrative justice generally have been misused by the Government. Whenever a scandal or a serious maladministration arises, the Government has the tendency to appoint commissions to investigate even if the matter is in the public domain. As the matter filters out of the public limelight, it is forgotten and the commission’s report is shelved to gather dust. Mr. Deputy Speaker, Sir, the biggest danger with regard to commissions is that they are created by the Government to hoodwink the public that something is being done or they can channel their grievances through them. However, after investigation is done and a report written, that is the end of the matter. Looking at the functions of this commission as provided in Section 8, we may fall in the same danger. Here the commission is empowered to conduct investigations into State affairs about maladministration and complaints, among other functions. However, at the end of the day, they are only supposed to make a report on those investigations. To me, this amounts to waste of public resources. They must come up with solutions to these maladministrations and complaints. We do not want to have a powerless commission that cannot even enforce any of its critical finding. Even in cases where they find there is need for compensation, all it can do is to recommend. The Bill does not say recommend to who and why. To many people who have been victims of maladministration or injuries, they are looking for redress. Surely, a recommendation for compensation without reference will not help them. Therefore, a recommendation without further orders or any enforcement is an insult, to say the least. Mr. Deputy Speaker, Sir, the other powers that have also been donated to this commission include giving advisory opinions or proposals with regard to improvement of public administration. That is all. Again, there is no provision to grant to this commission powers to ensure that its recommendations are acted upon. This is exactly what we have had in this country. We get a lot of reports and advisory opinions, be they from Controller and Auditor-General and wherever else, that gather dust year in, year out. If we create another commission to be repeating the same thing, certainly, we are doing a great disservice to the people of this country. Mr. Deputy Speaker, Sir, coupled with that fear about the powers and functions of this commission, is also about what has been alluded to by my colleague regarding the way this commission will be constituted. Under Section 11 of this Act the power to set up the selection panel will be done by the Office of the President, the Prime Minister, the Ministry responsible for matters relating to justice, Public Service Commission and so on and so forth. With due respect, all those offices are basically the Executive. This is the Executive. This commission will be about investigating complaints or challenges regarding the Government itself. If you give the Government the highest leverage in terms of determining who will constitute that commission, then we are also giving it the opportunity to appoint people who will assist it to ensure that they are not exposed. So, there is need for independence of this commission. We need to bring in people who can demonstrate that they have independence from the Government by the way they will be appointed. This can be achieved first by ensuring that there is diversity in the process through which they are appointed, not simply by the Executive which will be the main culprit to be investigated by this commission. I would also have expected other than those from the office of the Executive, the other institutions that have been identified such as Association of Professional Societies in East Africa, Kenya Private Sector Alliance, National Council for Persons with Disabilities, among others to be involved in this panel. There is nothing that can really be shown that these three institutions have any unique advantage or link to matters of administration or maladministration or whether they are affected. They do not as such represent the bulk of the victims. They are not people who are likely to be sensitive or responsive to cases of maladministration of human rights violations."
}