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{
    "id": 539756,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539756/?format=api",
    "text_counter": 174,
    "type": "speech",
    "speaker_name": "Hon. Mwaura",
    "speaker_title": "",
    "speaker": {
        "id": 13129,
        "legal_name": "Isaac Maigua Mwaura",
        "slug": "isaac-mwaura"
    },
    "content": "If you look at invention of bureaucracy by one Max Weber, his intentions were actually to ensure that there is predictability with regard to how administrative actions are done. I do not think he intended that such an effective way of prediction of public action would otherwise be used by unscrupulous individuals to delay justice. As they say, justice delayed is justice denied and also for people to seek gain out of such delays or powers conferred to them in their mundane job descriptions--- This Bill is timely. I see a concurrence between this Bill and the provisions of Article 59 of the Constitution that, of course, creates the Commission on Administrative Justice. It is my prayer that when anyone seeks judicial review then that must obtain. We need to rid our public domain of unnecessary delays. This will enable us achieve effective administration. The reason I am saying that is if any public officer does not follow the due process with regard to the administrative action, then the citizens may seek redress through a judicial review. Of course, this in itself would amount to use of a lot of time and, therefore, delay in terms of delivery of service. In my opinion, even in that regard, a very fundamental issue arises. In the event one was to seek a judicial review, obviously, there are some costs that would be incurred. As a result of such a review, who then shoulders these costs? Would it be the person seeking such a review or would it accrue to the officer? There are serious implications with regard to this provision. Hon. Temporary Deputy Speaker, without the hindsight of the specific provisions of the Commission on Administrative Justice Act, 2011, we may want to ask the Mover to actually consider this as a stopgap measure so that most of these issues are actually forwarded to the Commission so that they can act without necessarily clogging the courts with such issues. As we speak, there is already an existing framework within the Executive whereby committees are set under public relations in public administration officers. Following this move, officers and also the public can complain and use terms such as “in attendance”, “abuse”, “delays” and so on. Such heavy terms are used to describe such kind of maladministration. We may also want to see whether such aspects 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."
}