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{
    "id": 540902,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/540902/?format=api",
    "text_counter": 115,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kanyua",
    "speaker_title": "",
    "speaker": {
        "id": 981,
        "legal_name": "Priscilla Nyokabi Kanyua",
        "slug": "priscilla-nyokabi-kanyua"
    },
    "content": "Hon. Speaker, we looked at the evidence on the existing files and we looked at the work they have done and we found out that even on the Anglo Leasing cases that they brought to court, it was after an ultimatum by the Committee giving them 14 days to bring the files to court. Before that, very little evidence and very little work had been done in the fight against corruption. There were other issues beyond those that were raised in the Petition for instance, the case of Mr. Mumo Matemu which is in the Supreme Court. The Committee found that the principle of sub judice did not apply to Mr. Oriaro’s Petition as argued by Mr. Matemu because the issues in the Supreme Court were unrelated to the issues in the Petition that we were seeking to prosecute. The matter in the Supreme Court looks at the original appointment of Mr. Matemu. The Petition before us looked at the performance of Mr. Matemu after his appointment and we have found out that Mr. Matemu has indeed failed to offer leadership to the Commission. Hon. Speaker, the Committee also looked at the future of the Commission and its impact in the fight against corruption. This is extremely critical because many Kenyans and many Members are concerned about what will happen if Mr. Matemu and Ms. Keino were to leave. We want to confirm that, that question was looked at by the Committee and the evidence on record is that the relationship between the Commissioners and the secretariat has been very acrimonious. The commissioners have accused the secretariat which has in turn accused the Commissioners but we have found out that the work in the Commission will go on. The investigations department is working. The inter-agency committees are working. The relationship between the Commission and the Director of Public Prosecutions (DPP) remains intact. Any of the files that the Commission will process will be taken to the DPP and the prosecutions will proceed as indeed required by law. There will be no effect on the Commission in terms of the work that it is doing but what we found is that the wrangling, the infighting and lack of guidance was, in fact, impeding the fight against corruption. Having these Commissioners is what will collapse the fight against corruption. These Commissioners have to leave for the Commission to do its work properly. We found that based on all that evidence, it was important that the House resolves that a tribunal be set up to look at these matters that affect both the Chairperson and the Vice- Chair, Ms. Irene Keino. The Committee also looked at the question of the list of 60 days given by the President and in our report on Page 55, the Committee addresses itself to that issue. It finds that there will be no effect to the list that the President provided here. The President himself said that the list came from the secretariat and not from the Commissioners. The Committee observes that the 60 days’ timeline by the President to conclude investigations is not necessarily a legal timeline and it can be extended but we find that the removal of the Chairperson and the Vice- Chairperson will not affect the work that is going on in terms of the matters in that list. The Committee is persuaded that the agency can finalise investigations and take appropriate steps towards prosecution of suspects in the absence of the two Ethics and Anti-Corruption Commission (EACC) Commissioners. In conclusion, the recommendations of the Committee are as follows: Having considered the provisions of Articles 73, 75, 76, 125, 161, 171, 172, 173, 245 and 251 of the Constitution of Kenya and having considered the provisions of the EACC Act, the 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."
}