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{
    "id": 539669,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539669/?format=api",
    "text_counter": 87,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "Hon. Deputy Speaker, I beg to move that the Fair Administrative Action Bill be now read a Second Time. It is National Assembly Bill No.10 of 2015. The purpose of this Bill is to give effect to Article 49 of the Constitution. Therefore, it also has constitutional timelines. It is good that the House be aware that the deadline for this Bill was supposed to have been August 27th 2014, but through the resolution of this House we moved the deadline to the timeline, to May 27th this year. Under Article 47 every citizen is conferred with a right to fair administrative action from public authorities, judicial or quasi-judicial tribunals. The Constitution requires that all administrative action should be expeditious, efficient, lawful, reasonable and procedurally fair. Therefore this Bill, if it goes through this stage, will apply to all state and non-state agencies according to Clause 3of the Bill in Part II. These agencies include any person exercising administrative authority, judicial or quasi-judicial function under the Constitution or any other written law. Even if it applies to all agencies, under Clause 2 of the Bill, there are exceptions. The Act exempts disciplined forces which are defined as the Kenya Defence Forces, the National Intelligence Service, the National Police Service, the Kenya Prisons Service, the Kenya Wildlife Service, the Kenya Forest Service, the National Youth Service and any other organisation related to security which is established by an Act of Parliament. Clause 4, according to me, gives the gist of the Bill. It is about administrative action and the reasons that an affected person should be given. This is the main issue of the Bill. This Bill sets out the goal of promoting an efficient public administration and good governance and of creating a culture of accountability, openness and transparency in the public administration. Clause 4 (a)(b)(c) of the Bill calls for administrative action which when materially and adversely affect the right of any person and mostly in the negative way, must be procedurally fair. In an instance where rights materially and adversely affect a person, the public official must give the affected person adequate notice of his or her right to request written reasons for the action. In Clause 4 (a)(b)(c), the adequate notice should be of the nature and purpose of the proposed administrative action and there should be reasonable 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."
}