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{
    "id": 29147,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/29147/?format=api",
    "text_counter": 861,
    "type": "speech",
    "speaker_name": "Mr. Orengo",
    "speaker_title": "The Minister for Lands",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "“Parliament shall enact legislation to establish an independent Ethics and Anti- Corruption Commission, which shall be and have the status and powers of a commission under Chapter 15 for purposes of ensuring compliance with and enforcement of the provisions of this chapter”. There is nothing in the Constitution, which says that this particular body is so unique that it must be given prosecutorial powers to deal with corruption. Indeed, when you look at the provisions that relate to the National Police Service, there is a more direct mandate given to the Police Service to deal with corruption. Article 244(b) states that:- “The National Police Service shall prevent corruption and promote and practice transparency and accountability” So, this is the constitutional question that we must deal with at some stage. Therefore, whereas I support this Bill in every respect, I hope to commend to the Minister the fact that it will be wrong to give this Commission prosecutorial authority. Even the police who investigate cases and arrest people on a daily basis do not have the power to prosecute directly. It is a donated authority that they get from the Attorney-General. Even under the current constitutional framework, they do not have that power at all. So, that would be a recommendation in respect of that particular section. I am very encouraged by the fact that we are just past that. For this again, I shall never tire of thanking Prof. Saitoti for accepting this new framework for a Police Service that is friendly and accountable to the people. Therefore, we do not want a Commission that is going to turn Kenya into a police state where somebody’s door is knocked at 5.a.m. If you have evidence against anybody including myself, if you have finished your investigations, you are allowed to go to the appropriate authority and have the charges registered. You should not every day talk about dealing with corruption when there is no record of what you have done."
}