Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 29247,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/29247/?format=api",
    "text_counter": 961,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, my Ministry’s cabinets on Anti-Corruption are full of skeletons of a continuous series of attempts to fight corruption. I would like to suggest that Article 79 of the Constitution that Kenyans gave themselves as a gift last year is the only provision of its kind that I have found in any constitution in the world. I would suggest that as we wait for the Third Reading of this Bill, out of interest and, you do not kill the spirit to fight corruption merely because we made a mistake and recruited a Director who has proved unsatisfactory to you and to the country. It is like shooting the messenger merely because he has come with a message. I agree with hon. Midiwo, given the events of the last few days. I think it is some magic that we are debating this Bill tonight, in view of the events of the last two days. A Director who was recruited through a transparent process on the Floor of the House can go out there, and instead of fighting corruption, he is saying; “So-and-so offered me a bribe. I laid a trap but they escaped it”. This is something which my Ministry is going to add in the cabinets of skeletons of failed attempts at fighting corruption. Mr. Temporary Deputy Speaker, Sir, therefore, I want to suggest that before we go to the Third Reading of this Bill, hon. Members look at page 1064, Clause 11, so that they understand the efforts of wonderful people like hon. James Orengo, and the Hon. Deputy Prime Minister, who presided over the Cabinet Sub-Committee meetings on this Bill. It took us four sittings of the Cabinet Sub-Committee to agree. We shot down a lot of amendments but hon. Musalia Mudavadi, as our Chair, in the end left the proviso you see in Clause 11(d) – a priviso I suggest you look at before we go to the final part of this legislation. Why do I say so? I am saying this humbly. If you look at Clause 11(d) and the proviso, that is a power that is given to confront the Director of Public Prosecutions. You have said one man to a woman. But look at Clause 11(k) at the bottom of the same page; it is a power that is given to this Commission to institute and conduct proceedings in court for purposes of recovery of protection of public property, that is civil litigation. I want to assure you and I know you do not have an objection and that is why I am raising this. I trust you to think very hard. You have the power, you have the ability and God has given you the capacity to think and realize that under Article 156 this power is also vested in the Attorney-General. Mr. Temporary Deputy Speaker, Sir, therefore, I would suggest and I will be suggesting to the Committee that we look for a formula to find a window such that subject to control of the court, this Anti-Corruption Commission in special circumstances can be able to advance prosecutions the way you have advanced civil litigation. However, of course, as you know, I will abide by your decision. I beg to move. Thank you."
}