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{
    "id": 603524,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603524/?format=api",
    "text_counter": 155,
    "type": "speech",
    "speaker_name": "Hon. Mwaura",
    "speaker_title": "",
    "speaker": {
        "id": 13129,
        "legal_name": "Isaac Maigua Mwaura",
        "slug": "isaac-mwaura"
    },
    "content": "I must commend the Mover because there is a very elaborate procedure in terms of how you can access information. You apply to this public entity and if that fails, then you have recourse with regard to the timelines provided and further to the Commission on Administrative Justice (CAJ). If you do not get any recourse from the CAJ, then you can go to the High Court. That is very commendable because it is very clear. However, we may need to tighten that procedure, so that by itself, it does occasion red tape that compromises, for example, the urgency with which you may require that information. We know very well that information is power, but when it is not provided at the time you need it, then certain decisions that you are likely to make may be compromised. The other issue that also comes out clearly is penalties. In my opinion, some of the penalties provided for under this Bill are too lenient. For example, an amount not exceeding Kshs50,000 or imprisonment. We may need to enhance those penalties to take care of those who may want to say that in any case, the fine far outweighs the disclosure of this important information. Recently, we were treated to a situation where Government officials were being told to be careful about the kind of information they bring to Parliament. Indeed, one Principal Secretary (PS) said that they gave erroneous information because of public scrutiny. We need to ensure that the threshold of penalties is high to deter any individual who may want to use it. The practice has been that, for example, if you steal from somebody, you will say that you will just go to jail for three years. You may come out of jail after three years if you have stolen Kshs1 billion. We need to ensure that we have proper penalties. The other issue that I also want to speak to is the CAJ. I must commend the Mover because this Bill speaks to Article 35 of the Constitution and to a larger extent to Article 47 on fair and administrative action. It confers powers to the CAJ just like the Fair Administrative Action Bill does on the same."
}