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{
    "id": 29189,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/29189/?format=api",
    "text_counter": 903,
    "type": "speech",
    "speaker_name": "Prof. Ongeri",
    "speaker_title": "The Minister for Education",
    "speaker": {
        "id": 124,
        "legal_name": "Samson Kegeo Ongeri",
        "slug": "samson-ongeri"
    },
    "content": " Thank you, Mr. Temporary Deputy Speaker, Sir. First of all, I rise to add my voice to this Bill. Mr. Temporary Deputy Speaker, Sir, I support the fight against corruption and believe that every Kenyan would like to support the fight against corruption. What is intriguing is the manner and style with which we fight corruption. Corruption is a serious offence. It hinges on the integrity and character of individuals. Therefore, before you make any public pronouncements, one has to carefully tread on what you are saying to the public without any tangible evidence. I believe that one of the biggest mistakes we made in the fight against corruption is to create an impression that when somebody is maligned in public, ipso facto, that individual is corrupt, without any proof of burden through the normal due process. This is the malady that we must cure in this Bill. I believe that such a thing like Clause 11(1) (d) must never find its room in this Bill. It must exit through the window. You cannot give somebody the opportunity to investigate, prosecute and the next thing is to pronounce judgement on you. I need not say much. Recently, we were treated to a specter where somebody pronounces you as a culprit, he prosecutes you as a culprit and sentences you to be able to take political responsibility. I think we cannot accept this height of hypocrisy. There is something else we are missing. Clause 11(1) actually talks about integrity chapter. That is in Chapter Six and Article 252 of the Constitution. Nowhere does it make any reference to private companies. I think one of the biggest mistakes that we will ever be making--- That should be the function of the Criminal Investigations Department (CID) and should never be the function of the Kenya Anti-Corruption Commission (KACC). I think it is an important feature that we should look at. Mr. Temporary Deputy Speaker, Sir, if you look on page 1103 of this Bill, Clause 6(d) says: “Not engage in political activity that may comprise or be seen to compromise the neutrality of their office or the Commission.” I think the operative word is “neutrality.” I fully support this aspect because what we are now seeing is that neutrality has been thrown through the window. We are seeing a demonstration of whims; what is tantamount to lifestyle audit as opposed to the system audit. Subclause (e) says: “Not preside over or play a central role in the organization of fundraising activity.” I will support that element of this path because of what we have witnessed in the last two days. I cannot believe that a person of integrity can lure somebody to a crime. We are not in a police state and shall never allow a police state to dictate what this nation must do. We are not subject to tapping of the phones or whatever vehicles we are using. There is a due process. Go to court if you believe that, that individual is culpable. One of the biggest mistakes we made is that we made chieftainships out of this Bill by making people to be superior to others. This Commission is the same as any other Commission such as the Budget Commission. Therefore, one of the things that I would like is to expunge the prosecutorial powers. Thank you."
}