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"content": "(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I beg to move that the Fair Administrative Action Bill (National Assembly Bill No. 10 of 2015) be now read a Second Time. This is another Bill that has a constitutional deadline of 27th May, 2015. It is, therefore, a Bill that this House must pass with utmost urgency, considering that we expect the Committee Stage next week. As much as we would want to enrich or contribute to this debate, at this Second Reading stage, I beg that we concentrate on the general spirit of the Bill. Madam Temporary Speaker, this is a very short Bill. However, its brevity must not be confused with its importance. This Bill is so important and if I were asked if there is one Bill that touches on the lives of each and every Kenyan in every part of this country, it is this Bill. It gives effect to a very important human right which is found in Article 47 of our Constitution; that is the right of every Kenyan to get fair administrative action. The Bill deals with powers, functions and duties exercised by authorities or quasi-judicial institutions. When a public institution makes certain administrative decisions that affect the rights of Kenyans, what must they ensure? That is simply put. The question this Bill is trying to answer is; what are the procedural guarantees that every Kenyan enjoys from an administrative body, institution or public official who have decision-making power? These are the decisions that impact on the right of Kenyans in question. We are talking of issues to do with employment; when a decision is taken to employ or not to employ somebody, that is an administrative action. What guarantees does somebody whose request to get employed is not favourable have? What procedural guarantees are they entitled to? Other discretionary administrative actions like licensing also should be considered. If you want to get a licence to operate a business or you want to undertake a certain activity, there would be a body that licenses that public activity. When they make a decision one way or the other, what must they ensure to protect the rights of Kenyans? These include promotions at work places and so forth. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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