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{
    "id": 403047,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/403047/?format=api",
    "text_counter": 329,
    "type": "speech",
    "speaker_name": "Hon. Ochieng",
    "speaker_title": "",
    "speaker": {
        "id": 2955,
        "legal_name": "David Ouma Ochieng'",
        "slug": "david-ouma-ochieng"
    },
    "content": "workings of commissions: “The commissions and holders of independent offices are subject only to this Constitution and the law and are independent and not subject to direction or control by any person or authority.” Further, Article 254, on reporting of commissions and independent offices states that as soon as practicable after the end of each financial year, each commission and each holder of the independent office shall submit a report to the President and to Parliament and that at any time, the President, the National Assembly, or the Senate may require a commission or a holder of an independent office to give a report on a particular issue. Remember, it is not talking about the Cabinet Secretary. Here, we are seeing a situation where we are asking the Commission to refer to the Cabinet Secretary. This Bill, at the proposed Clause 5 says this: “The commission may, with the consent of the Cabinet Secretary, appoint such officers and staff for the proper discharge of its functions under this Act.” Nothing could be further from an attempt at gagging the Commission. In fact, the commission is being told: “If you want to employ a sweeper, you must ask the Minister. If you want to employ anybody, you must consult the Minister.” That is what this clause is saying. Which Parliament does this? Which Parliament creates a commission and goes back to say that the commission cannot employ anybody--- It is Parliament that approves the budget of the commission and not the Cabinet Secretary. Parliament has approved a budget for the commission to employ. So, this proposed law suggests that for the commission to employ, it has to go back to the Cabinet Secretary to ask whether it can employ or not. We will be doing a very wrong thing. Hon. Temporary Deputy Speaker, I speak with a very heavy heart because just this year - and this one I must declare - one of my constituents has been a senior officer in the Police Force. When the commission came to be, he was promoted to the rank of Director, Internal Affairs. I am talking about the immediate former Acting Police Spokesperson. The same week he was promoted to Director of Internal Affairs, he was demoted by the Inspector General to serve as an officer in Vigilance House. Last week, that person who was very senior up there having been promoted by the commission, was transferred to serve as the OCPD, Njoro Police Division. It is all because the Inspector General does not think the commission can promote or transfer. Hon. Temporary Deputy Speaker, we cannot have a rogue Inspector General or a rogue Police Force. This Parliament will be doing a great disservice to the people of this country. With those very many remarks, I wish to oppose and ask the Chairman of the relevant Departmental Committee to go back, consult and know where this country is coming from, so that we have in place laws that serve this country. I oppose."
}