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{
    "id": 344909,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/344909/?format=api",
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    "content": "of the candidates for elections falls under my docket, I wish to address the matter as follows:- On the mandate of the Commission on Administrative Justice and whether or not it is the right organ to determine the integrity question of Mr. Waititu and Mr. Mbuvi, who are my very good friends, the Commission is mandated to act in accordance with the values and principle in Article 10 of the Constitution of Kenya, 2010. It has to observe and respect inter alia the diversity of the people of Kenya, impartiality, gender equity and rules of natural justice. The specific functions of the Commission are set out in Section 8 of the Commission on Administrative Justice Act (2011) and those roles are very specific. I wish not to enumerate them because the Act is very clear as to the roles and mandate of the Commission and particularly the Chairman. Mr. Temporary Deputy Speaker, Sir, for the avoidance of doubt, the Commission is not the absolute determinant of the integrity question of Mr. Waititu and Mr. Mbuvi. Leadership and integrity issues are addressed by the following organs: The Ethics and Anti-Corruption Commission (EACC), the Independent Electoral and Boundaries Commission (IEBC) and the Registrar of Political Parties under the Political Parties Act. The Leadership and Integrity Act also provides for procedures and mechanisms for effective administration of Chapter 6 of the Constitution on matters of leadership and integrity. On whether the declaration by the Chairman of the Commission on Administrative Justice infringes on the constitutional rights of the two Members of Parliament to contest for public office, the two Members of Parliament have their basic and fundamental rights protected under the Bill of Rights in the Constitution of Kenya, which provides for equality and freedom from discrimination in Article 27, and political rights empowering them to make political choices under Article 38. Their rights can only be impeded through due process of the law. The alleged declaration by the chairman is not a judicial pronouncement or an order of the court and, therefore, does not have the force of law or does not in any way infringe on the constitutional rights of the said Members to contest for public office. Mr. Temporary Deputy Speaker, Sir, as to whether barring the two from contesting the general election does not violate the constitutional rights of the voters in Nairobi from electing their leaders - and this afternoon we saw Mr. Mbuvi and Mr. Waititu fight very hard for the Visa Oshwal Community and the children to access the school - I would say that the voters are also protected from discrimination and the exercise of their political rights. In the circumstances, there has been no judicial pronouncement, order or decree alienating their rights. In conclusion, I wish to state that the pronouncement by the Chairman of the Commission on Administrative Justice was to highlight a letter the Commission had written to the Chairman of the IEBC that the two Members be found unsuitable to hold office. It was not a determination. It was a recommendation and a view from the chairman. As I have said, the Chairman did not have that authority to determine. The authority to make the determination, as I have stated, lies with the IEBC and the other Commissions. Thank you."
}