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{
    "id": 539671,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539671/?format=api",
    "text_counter": 89,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "guarantee was terminated or discontinued, or why an application for pension was turned down, or why a residence permit application was declined. Therefore, since these things are going to affect the fundamental rights and freedoms of the affected persons, there should be written reasons in advance explaining why such actions were taken by the public administrator. If the public official referred to in the Bill has to explain why a particular decision was reached, it will be expected that the official will have applied his or her mind in considering all the factors that relate to the decision taken. Therefore, it is important to say that fairness of the procedure and not the merits of the decision is the one being brought to the fore. It is the fairness of the procedure, and not the merit of the decision. Justice should not only be said to be done but it must be seen to be done. This is not only fair but is also conducive to public administration and confidence building in the administrative decision making process. My last bit is still on reasons. At the realisation of the objective of accountability lies the need for a proper decision making process. It is the provision of the reasons that may have a positive effect on the decision making process in the sense that the reason may provide the evidence of proper decision making. It has to be formalised; that is why it should be written. It has to be structured and reasoned. These are the benefits of our new Constitution. The Chapter on the Bill of Rights and the Chapter on Public Service emphasise on the need for transparency and accountability. Reasons justify the decision. Therefore, there is need to have reasons given clearly.Actually, decision-making encourages consistency and rationality. In the interest of creating a need for accountability, transparency and accessibility in public administration, the obligation created by this right is very much welcome. The reasons, and this is very important, should be given by the administrator not as a matter of grace, but as a matter of duty. This is a very brief Bill; it is just about four pages. If you look at Clause 8, which is in Part III of the Bill, you will realize that this is about judicial review. The Bill also brings out the aspect of a person applying for review of any administrative action in the High Court, or in the exercise of the courts supervisory role. It actually sets out the procedures that the court may adopt in considering the appeal. Such orders may include declaration of orders restraining an administrator from taking the proposed action, or even an order quashing an action by the administrator. In conclusion, this Bill is straight forward. It is a Bill that also concerns counties for the purpose of Article 110 of the Constitution. Therefore, it has to go to the Senate. I beg to move and ask my good neighbour, the Member for Makueni to second."
}