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"speaker_name": "Hon. (Ms.) R.K. Nyamai",
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"legal_name": "Rachael Kaki Nyamai",
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"content": "of Lands. Therefore, I would like to say that, at times, when you are doing your work in the right way, you may step on the feet of somebody and it becomes a vicious circle. This matter started as a statement which was responded to and it has mutated to a report. I agree that it was a good and I agree that they did a very good job, but I see an ill motive in the amendments that are being done today. Hon. Speaker, Sir, I would like to say a few points. One, transfers are normal within the Civil Service. Officers get moved from one Ministry to the other. This happened in the Ministry of Lands, Housing and Urban Development. The officers are transferred from the Ministry through a consultative process with other Government agencies. I would like to say that, that is normal and it is going to happen. What I am asking is whether Parliament is going to be supervising and asking why this has happened in the Ministries. Hon. Speaker, while the report has many irregularities, I would like to agree with what one of the hon. Members who has spoken has said; that the illegality of the Cabinet Secretary’s action has been noted. But the illegality which has existed in the Ministry for three years, whereby the position of the Lands Secretary did exist, is not mentioned in report of the Committee. I would like to point out that, as a Member, I note this and I think other hon. Members in this House should also take note of this. If the Committee Report was to work for Kenyans, it should have also cured the illegality which exists today. That is because it needs to be taken note of and handled in order for work to continue in the Ministry. Hon. Speaker, Sir, I would also like to point out that the report is silent on the curative action which has been pointed out. I feel, therefore, that it would be wrong if I do not point it out here. The curative action that the Cabinet Secretary took after interacting with the Committee – by de-gazetting the anomaly, has not been noted. This also needed to have been highlighted in the report. The report does not mention the correspondence between the Cabinet Secretary and the Public Service Commission (PSC) on the transfers and deployment. Hon. Speaker, taking punitive measures against that Cabinet Secretary is like having an Appeal Court Judge recommending that a magistrate who gave an erroneous sentence be jailed or fined. I feel that the Cabinet Secretary acted in good faith for the sake of Kenyans. Therefore, even though we have noticed that something was done wrongly – which has since been corrected – I would like us to stand with the Cabinet Secretary. As Parliament, we should avoid being seen to paralyze the operations of other arms of the Government to an extent that they cannot make crucial decisions, through such recommendations. It is better for one to make a wrong decision to correct a bad situation than not to make a decision at all. Many Ministers have been in this position. We know that the Ministry of Lands is a place of cartels. Therefore, previous Ministers were scared of taking action. This Cabinet Secretary has sat on her position and has decided to take action. I feel that it is better to take action which may be wrong to a certain extent, than not to take any action at all. I would also like to point out something regarding the Director of Survey. I will not go into the details of the duties and responsibilities of the holder of that office. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}