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"speaker_name": "Hon. Keynan",
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"legal_name": "Adan Wehliye Keynan",
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"content": "how the witness is supposed to be treated when he/she appears before a committee, or when he/she appears before the House or any other arm of Government. What this Bill attempts to do is to simplify the provisions of Article 125 of the Constitution. Article 125 (2) (b) of the Constitution says: “---to compel the production of documents.” Yesterday, I saw in the papers the leadership of the Public Accounts Committee (PAC) lamenting. I want to go on the record. No committee of this House shall lament in the execution of their mandate. You have the powers and everybody must respect the mandate of committees. You have every right to enforce the attendance of anybody under the Constitution. It is again because of this that this Bill attempts to provide how that critical function is supposed to be executed. Article 125(2)(b) of the Constitution says: “---to compel the production of documents”. In the past, we have had challenges with witnesses who are either economical with the truth, or who are arrogant or aggressive. Therefore, if this Bill is passed, the law will be very clear. I felt we should also look at that particular aspect. Because of time, Part IV deals with the breach of privileges. It tells us what happens to a Member of Parliament, a member of staff or a member of the public in case they breach the privileges. There are punishments for Members of Parliament, members of staff and members of the public, including the media. That is what Part IV deals with. Part V is with regard to the production of witnesses. It tells us how they are supposed to be summoned, what parliamentary staff are supposed to execute and what other arms of Government that are working in tandem with Parliament are supposed to do. Part VI provides for how the publication and broadcasting of materials is supposed to be done. Part VII deals with enforcement and how these things are supposed to be enforced. Part VIII contains miscellaneous provisions. I want to provide copies of my talking notes. We have looked at what happens in different parliamentary jurisdictions. We have looked at what happens in South Africa and Zanzibar. I want to particularly refer Members to an informed parliamentary opinion by a famous British parliamentary specialist called Erskine May on Parliamentary Practice. I will provide these notes. Because of time, I may not go through them. Look at practices in other democracies like South Africa, Zanzibar, the UK, USA, New Zealand, Canada, Ghana and India. In Kenya there were two unique cases before this Parliament that were very serious. One was between the Government and Hon. Kiraitu Murungi; the other one was between the Government and Hon. Raila and the State vis-a-vis parliamentary immunity. I will provide these notes."
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