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{
    "id": 539782,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539782/?format=api",
    "text_counter": 200,
    "type": "speech",
    "speaker_name": "Hon. Ogalo",
    "speaker_title": "",
    "speaker": {
        "id": 2679,
        "legal_name": "George Oner Ogalo",
        "slug": "george-oner-ogalo"
    },
    "content": "action by a court or, if appropriate, an independent and an impartial tribunal; and promote efficient administration Parts II and III of the Bill achieve those constitutional objectives as they provide for fair administrative action and judicial review. Hon. Temporary Deputy Speaker, so many of my colleagues have spoken very eloquently on the provisions of the Bill. What I would like to add is that we should expand the clauses to achieve the aspirations of Kenyans in all spheres at the Third Reading so that this Bill, when it is finally enacted, can change the way business is done in Kenya. I do not think that, that article of the Constitutions limits fair administrative action to public authorities or judicial and constitutional entities only. I think the article of the Constitution requires that anybody in Kenya who acts in a way that affects any other person must act in a fair manner. Any limitation of who has responsibility under this Bill is going against the Constitution. With that I would like to enumerate why I think the provision in Clause 3(2) must of necessity be deleted when we come to the Third Reading of this Bill in the Committee of the whole House. If you look at who is listed there under “the disciplined forces” we have the Kenya Defence Forces (KDF). We should not be assuming that the only job KDF does is to go to war. They also procure, buy goods and services. We have to ensure that they do that in a fair manner. If you are a Kenyan or a Kenyan company selling boots that the army uses, you should have a fair way of being able to either supply or be denied the capacity to supply the KDF. The others are the National Intelligence Service (NIS). The NIS does many other things and not just gathering intelligence. Even in the process of gathering intelligence, there are actions they can take which require that the person who is affected by those actions has recourse under the law. I do not think we will be doing Kenyans justice by limiting who is covered by this law. Look at the Kenya Forest Service (KFS), just the other day as the Departmental Committee on Environment and Natural Resources, we were on Gwasi Hills where we were led by my honourable brother, hon. Geni Mongare here. We found residents there complaining against KFS for having evicted them from areas which were not demarcated as Kenya Forest Service Reserve. If you look at those actions, they require interpretation on whether they were fair administrative actions or not. The Kenya Wildlife Service (KWS) hires people. You would like to know, when they hire people unfairly, whether you are able to use this Bill to seek recourse in court or in any other judicial or quasi-judicial entity. I do not think that our preoccupation with security will push us to limit the capability of this law to reenergize or reengineer the way public institutions, public bodies, State organs or State-owned or non-state organs in this country make decisions. The reason we think this law should apply to each and every person is when you look at Kenya Power Company (KPC) for example. They decide not to give you a bill for two years then slap you with a bill to pay in two days. If you do not pay they notify you by disconnecting you from power. Kenyans should be allowed to seek redress in court on whether that is fair administrative action or not. In the Third Reading of this Bill, we need to look at it very keenly and ensure that we have expanded it in a manner that enables every Kenyan, every Kenyan company and every entity operating in this country to apply fair administrative of justice. We have seen companies in Kenya and even State 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."
}