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{
    "id": 478017,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/478017/?format=api",
    "text_counter": 225,
    "type": "speech",
    "speaker_name": "Hon. Wandayi",
    "speaker_title": "",
    "speaker": {
        "id": 2960,
        "legal_name": "James Opiyo Wandayi",
        "slug": "james-opiyo-wandayi"
    },
    "content": "Thank you very much for that consideration. I wonder why hon. Members get agitated when I get an opportunity to speak. From the outset, I want to support this Report, but with certain observations. This is a very important commission that should have been in place much earlier. Be that as it may, there are certain issues that we need to address. First, of course, is the issue of empowerment of this Commission. This Commission will not achieve much unless it is adequately empowered in terms of financing and what we call logistics. This will enable it to do its work in an efficient, effective and impartial manner as contemplated by both the Constitution and the Principal Act. Hon. Speaker, I have looked at the proposal by the Committee, this issue of ethnic inclusion is a very critical issue that runs through the Constitution and, indeed, the primary Act that gives forth this Commission. Therefore, it is an issue that needs not be belabored. It is very pertinent issue. I also take cognizance of the fact that the Committee had to undertake a very delicate balancing act. It was an extremely delicate balancing act in terms of selecting 15 people out of 250 people and taking into consideration the diverse interests. Having said so, it should have been important that even in situations where members of one ethnic community; and I am talking about the Gusii Community. The Gusii Community is a significant community in this country in terms of population size and, indeed, in their contribution to national development. Even if one person from that community did apply, he should have been considered. Why do I say so? In these names, you find a repetition. People coming from the same community or related communities have been picked whereas a critical community such as the Gusii is left out. I do not want to go into the details of which communities are represented by more than one person here, but the fact is that more justice should have been done to include communities such as the Gusii, Kuria and so on. That is very important. Finally, on the issue of qualifications, if you look at Section 18(1) part (c) on the situations that would bar one from becoming a member of this Commission, one, is when the applicant is a member of the Executive body or is actively involved in the affairs of a political party. The question one would want to ask is: How do you define active involvement in the affairs of a political party? What defines active involvement and what is active or passive involvement for that matter? If you look at this particular provision critically, you will notice that the intention of the drafters of this legislation was to ensure that people who sit on this Commission are people who are beyond reproach; people who cannot be perceived in any way to be partisan or owe allegiance to sectors of the society."
}