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"speaker_name": "Hon. Kaluma",
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"legal_name": "George Peter Opondo Kaluma",
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"content": "dealing with a matter of ethics and integrity under Chapter 6 being taken to the remit of legislation instead of a constitutional anchorage. Our other problem is, of course, the issue of culture. A short while ago, we were dealing with the matter of the Chairperson of this Commission, and of course, the Vice-Chairperson. You would see the debate in the House sometimes going in the direction of “is this my tribesman or not.” A short while after that, you saw issues being raised around the Office of the Director of Public Prosecutions (DPP). At that time, you see leaders coming around in terms of the communities they come from to think about corruption. The issues were raised when the debate on this issue started. The fact of the matter, therefore, is that our tribal thinking feeds into corruption and corruption feeds into these tribal thinking. I was thinking that if we are to fight corruption, then we must have an attitudinal revolution. I am beginning to remember, as a Kenyan, that when there is corruption, it affects all of us. When a state officer or a public officer is corrupt, he does not steal for his community and so, we must deal with this “thing” as a national issue. The provisions being proffered as amendments are not going to deal with the issue of wrangles in the Commission. The mandate to govern the Commission is still with the commissioners. Philosophically, we did not get it right on this. We want these Commissioners to be part-time because they do not have a lot of work to do. If that is the reason, why do we propose to increase the number merely to eat our money? We are increasing the number yet we have confirmed that there is not too much engaging work for the commissioners to do. It goes against the grain. We have been debating about reducing the wage bill and those other issues. Look at it also this way. Here we are saying that we want the commissioners to stay out there and yet these are the people known to be heading the fight against corruption. However, we leave the employees inside. The Swahili people say paka akiondoka panya hutawala . I can talk from experience as a leader serving the people of Kenya today, that the problem of corruption within the EACC is not a problem of the commissioners. Indeed, those investigators at the EACC are more corrupt than the people they investigate. That thing you call the “secretariat” is more corrupt than even the Commissioners you are removing. That is why I join the leaders who spoke yesterday saying that having got the impetus from the leadership of the nation to fight corruption, let us recruit new Commissioners but go beyond that and undertake an audit on the Secretariat of the Commission. I do not believe a person can be an investigator or should be allowed to be an investigator at the EACC for more than a year. You have permanent investigators. We are not undertaking lifestyle audits and these people are making a lot of money there. Personally, I am for a situation where this Parliament looks at the whole law. If possible, we should look at the Constitution later on. Now I would request that we pass this. Let us anchor this particular Commission under Chapter 15 and delineate its functions so that it can enjoy the independence and facilities without unnecessary structures being put on its operations. Lastly, I wanted to say that this Commission is the killer of careers today for reasons not known to me. I was thinking that we do not need these people called “commissioners”. Article 79 of the Constitution says that Parliament will enact law to establish the Commission. That law does not say this Commission must have commissioners. Why can we not make a decision as a country? If we believe operating by way of that secretariat is better, we just 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."
}