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"id": 595920,
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"speaker_name": "Hon. Ogolla",
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"legal_name": "Gideon Ochanda Ogolla",
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"content": "Commission cannot transact its business because the overall leadership---We are talking about police issues. Part of it is what we were discussing in a Motion in the morning. We are still not looking at our security in a proper manner. How is it that in the last two years, two or three Commissioners are making the Commission not to work, and yet it is an important Commission in the Republic of Kenya? If you look at the leadership of the Commission, you will realise that the Report indicates that there were attempts to look at how things could be done. I think it has taken too long. If, for example, they cannot operate because of death and the position cannot be filled until we have the public complaining and petitioning Parliament that this position needs to be filled, it is a failure on the part of Government. This issue needs to be looked at in a very serious manner. On the observation of the Committee, the petitioners are alluding to what the Committee has indicated was not the situation. In my view, the Committee ought to have put this in their observations. Hon. Temporary Deputy Speaker, when the petitioners are saying that Maj. (Rtd.) Muiu has consistently failed, neglected and refused to attend to his duties and/or perform his duties as a Commissioner for the past two years, this is one thing that, first, the Committee needed to have said very clearly in its observations that this is not a fact; this is not right. This gentleman is only unwell; he has not failed; he has not neglected and he has not chosen not to attend to his functions. It is out of the situation he finds himself at the moment that he is unable to perform his duties. Beyond that, I believe that the rest of the things that the Committee has come up with makes quite a bit of sense, particularly when we are talking about the tribunal. There is no other route of creating a vacancy in the Commission other than through a tribunal. If you look at the Constitution very well, you will find that it is the only direction. As we look at that direction, we need to look at it with a very serious human face that here we have an officer who has worked and served this country very well. As much as a tribunal is the direction to go, I would have thought in terms of the recommendations that the Committee would have come up with. It could have come up with a rider to the effect that as much as we get the tribunal, it needs to see into it that there are good reasons why Shadrack has not been able to be on duty."
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