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{
    "id": 616327,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/616327/?format=api",
    "text_counter": 70,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "(ii) That, the nominees have not been charged in a court of law in the last three years except Hon. Festus Kiunjuri, who has since been discharged of the incitement to violence charges following withdrawal of Criminal Case No. 278 of 2000 via a court order by the Chief Magistrate at Milimani Courts dated 14th December, 2015, pursuant to Section 87(a) of the Criminal Procedure Code. (iii) That, the nominees do not have a potential conflict of interest save for Mrs. Cecily Kariuki, who declared that she has a relative who is an official of the Union of Kenya Civil Servants. She, however, stated that she will adhere to Article 73 of the Constitution in carrying out her duties. (iv) That, none of the nominees has ever been dismissed from office for contravention of the provisions of Article 75 of the Constitution, which deals with conduct of state officers that are adversely mentioned in any investigatory report of Parliament or any commission of inquiry. (v) That, all the nominees exhibited impressive knowledge of topical and legal issues touching on the respective dockets and have the requisite abilities, qualifications and experience. Therefore, the Committee found all the nominees suitable for appointment as Cabinet Secretaries. Hon. Speaker, before I conclude, I want to deal with the matter raised by Hon. Onyonka in as far as Hon. Dan Kazungu is concerned. The Committee has grilled the Chief Executive Officer (CEO) of EACC and the audit issues raised on Malindi Constituency by both the Auditor-General and the EACC that happened in 2005. We looked at the Audit Report. Indeed, in 2005, Hon. Dan Kazungu was not the Member of Parliament. Secondly, and more fundamentally, in the Auditor-General’s Report and in the Public Finance Management (PFM) Act, even where issues are raised on CDF, the people who receive the management letters and are supposed to appear before the Public Accounts Committee (PAC) are not Members of Parliament. It is either the accounting officers who are the CEOs of the CDF Board, or the fund managers. We interrogated the Report of the CEO of EACC and that of the Auditor- General and found out that what was presented was an old Report whose generation started in 2005, when the Member of Parliament then was Hon. Lucas Maitha. Before I conclude, the other issue I need to make very clear is that the Ethics and Anti- Corruption (EACC) officials and, more so, the Chief Executive Officer (CEO) and his Deputy, must live to the spirit of the Constitution in the management of that institution. You cannot write a letter on 7th December and say nominee so and so has some allegations and three days later, you write another letter saying that you have cleared the said nominee. Then four days later, you go and raid a constituency office. I was in the last Parliament---"
}