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"id": 29171,
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"speaker_name": "Mr. Mbadi",
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"speaker": {
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"legal_name": "John Mbadi Ng'ong'o",
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"content": "I want to talk about the appointment of the Secretary. Once the Secretary is appointed by the Commission, the Commission should have powers to either fire him or discipline him as the Commission finds it fit within the set regulations of the law, as hon. Munya said. There is no need to allow the Commission to appoint a Secretary after which, for them to discipline him or her, they would need a tribunal. I think that is an elaborate process that is not necessary. My Chairman talked about staff transition and I also hold that view. I know that there are other people who feel, strongly, that we need to clean the entire Kenyan Anti- Corruption Commission. The question is: If, at every time, we legislate on a public body, we will be cleaning it, would it make Kenyans fear to take public appointments? I think once we clean the top, we should allow the Commission and the Secretary to hire or retain the staff as they so find fit. I want to quickly move to Clause 23 of this Bill, which talks about the expenses of the Commission. I do not understand why the expenses of the Commission are put as direct charge on the Consolidated Fund. I think we should only charge the allowances of the commissioners. However, the other administrative expenses should be appropriated the normal way by Parliament through legislation. Under Clause 26 about the Budget, it is clear that the budget of the Commission needs to be presented to the Cabinet Secretary. However, we need to put a time line. Let us make it three months before the beginning of the next financial year so as to avoid a situation where the Commission would submit a budget even two days to the end of a financial year. Finally, there are proposed amendments on the Anti-Corruption and Economic Crimes Act. Those amendments are very many. I heard one of my colleagues alluding to some of them, one being the tapping our phone calls which I do not accept. I do not want anyone to tap my phone. There is an issue of a commercial organization which will commit an offence under this clause if the person associated with it offers to give a public officer a benefit. The association here is not defined. How do we define association? In short, I propose that these amendments be suspended; the ones that are touching on the Anti-Corruption and Economic Crimes Act, so that we deal with the Ethics and Anti- Corruption Commission. Then later on, as House, we can decide to have a complete overhaul of the Anti-Corruption and Economic Crimes Act. Thank you."
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