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{
    "id": 40221,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/40221/?format=api",
    "text_counter": 423,
    "type": "speech",
    "speaker_name": "Mr. Abdikadir",
    "speaker_title": "",
    "speaker": {
        "id": 1,
        "legal_name": "Abdikadir Hussein Mohamed",
        "slug": "abdikadir-mohammed"
    },
    "content": "gentleman was, indeed, put on his defence and that it was the court that found later that there were no weighty issues. Mr. Deputy Speaker, Sir, the Committee showed concern on this matter. The Committee’s view was that while that may be so, it would have been best, this gentleman having been his former client, that we would have found it best, if, indeed, he had handed this matter over to an independent outside prosecutor in view of his involvement with his client before. On the issue of the succession case, the answer from the nominee was that his firm asked a staffer to handle a whole bunch of documentation with about 42 people, so that this staffer could go ahead and get each of those people look at their identity cards and confirm to the advocate that he had looked at them and that he signed all of them and he had not actually seen each of these people. While we understood that that might be possible in a law firm, the Committee found that this was reckless behavior for an advocate and for a senior advocate to do. Therefore, the Committee in the report shows concern. With respect to Anglo Leasing and the Republic versus Zakayo Cheruiyot, the Committee was very impressed with the manner in which this matter was handled. The Committee was informed that Joe Okwach, Advocate and Senior Counsel, was appointed as an outside special prosecutor for this matter the moment this gentleman came on board and the CIOC called Mr. Okwach, so that we could talk to him and we were impressed with the manner in which that matter was handled. Mr. Deputy Speaker, Sir, on the allegations by Sammy Kirui, this matter came up on the day we were handling the public hearings. This gentleman came to one of the Members of the Committee and said that he has some issues to handle. That Member came to me, I looked for his telephone number and tried to call him, but I could not get him. When we closed the public hearings, he came and said that he had issues that he wanted to raise. We asked him to write a letter and we received that letter and that letter was read in public, into the record by a Member of the Committee. Then we asked for clarifications from the nominee and the Committee finally decided that we needed to call Mr. Kirui in person to put clarifications. Essentially, the allegations from Mr. Kirui are that people who said that they were acting on behalf of the nominee solicited for Kshs5 million in bribes. He also alleged that they also told him that in the event that he does not cough up, the number of charges facing him would increase and since the number of the charges increased, he took that as confirmation. We put these questions to three individuals who had issues. One was Mr. Tobiko himself who said that he never met the gentleman and that it was a complete lie and a horrible fabrication that he, indeed, solicited through anybody for any such bribes. The second was the Attorney-General to confirm that indeed the Attorney- General is the one who increased the charges. The third was the Director of Public Prosecutions who said it is perfectly in order and it is not really up to the Kenya Anti- Corruption Commission (KACC) to determine the number of charges to be preferred. He said that he does not see anything wrong if the charges were increased. This was an issue we looked at and the Committee saw this as very serious allegation and had the views from the nominee. Mr. Deputy Speaker, Sir, on the issue of the CKRC matter, we had a long letter from the former chairman, Prof. Ghai. He was indeed the first person we called to give evidence to the Committee. Prof. Ghai went into a long list of why he thinks this gentleman is not fit for this office. One of this was that he had breached his confidentiality vows to the CKRC by giving information to political masters who"
}