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"id": 67998,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/67998/?format=api",
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"speaker_name": "Mr. Speaker",
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"content": "Hon. Members, you will recall that on Wednesday, 22nd December, 2010, during the Afternoon Sitting, the Member for Juja rose on a point of order and tabled the following three documents:- (i) a letter dated 20th December, 2010 from the said Member of Parliament, addressed to the Minister of State for Provincial Administration and Internal Security, and Acting Minister for Foreign Affairs, Prof. George Saitoti; (ii) a document titled âClassified Information in the United Statesâ; and, (iii) a document which the hon. Member described as âdossierâ containing the names of hon. Members said to be involved in drug trafficking. Following the tabling of the documents, I undertook to acquaint myself with the documents and establish their authenticity, and thus the admissibility or otherwise of the same. The Chair has often had occasion to set out standards required to be met for the purpose of establishing the authenticity of documents. The standards include requirement for signatures on documents and some form of certification where a document other than the original has been tabled. Hon. Members, the first document, which is the letter dated 20th December, 2010 and captioned âSecretâ bears a name and signature purporting to be those of the Member for Juja. Indeed, the document was laid on the Table of the House by the hon. Member himself. The letter further has the letterhead of the hon. Member, and is stamped as having been received by the Minister of State, Office of the President, on 20th December, 2010. With this information, I have no reason to doubt the authenticity of the document and I, therefore, find that it is admissible. However, I have had some difficulty with the other two documents tabled by the hon. Member. The first of these documents appears to be a download dated 17th December, 2010 from the website âWikipediaâ, which, as the hon. Member would be aware, is a free online encyclopedia, which, unlike the orthodox encyclopedia, employs an open editing model, permitting any person to edit anonymously any posted article. The articles on the Wikipedia are not owned by any person, nor does any person vouch for their veracity. It is also known that when changes to an article are made they usually become available immediately before undergoing any review, even if they contain errors or are misguided. The value to be attached to an article on the Wikipedia is, therefore, minimal. Be it as it may, the admissibility of documents is another matter altogether, and while the Chair may wonder what value is to be attached to a Wikipedia article, which, as in the instance case, clearly indicates that it is an outdated article requiring to be updated to reflect recent events or newly available information; the Chair, nevertheless, finds that to the extent that the publisher of the document is known, and to the extent that the article is freely in the public domain, the document is admissible. Hon. Members, the final document is titled âSecret/Real Kenyaâ. It is not dated, and there is no indication who the author is, or to whom it is addressed. On a number of pages, it bears what appears to be a stamp of the Kenya Anti-Corruption Commission (KACC), but does not indicate the date on which the stamp was imprinted, and the person who did stamp it. There is no signature or other identification of source or ownership. I have further perused the document with a view to ascertaining its source and admissibility but find that the document, whatever may be its value or use outside this House, does not speak for itself in any of the crucial aspects pertaining to the admissibility under our rules and is therefore, inadmissible. Hon. Members, arising from all the circumstances including the precedence we have set on the admissibility of documents, I rule that the following documents laid on the table of the House on Wednesday the 22nd December 2010 by the Member for Juja; namely, the letter dated 20th December 2010 from hon. William Kabogo addressed to Prof. George Saitoti, the Minister of State for Provincial Administration and Internal Security and Acting Minister for Foreign Affairs and the document titled âClassified Information in the United Statesâ being a download from the Wikipedia website are admissible. I further rule that the document described by the Member for Juja as a dossier containing the names of hon. Members involved in drug trafficking is inadmissible and that it be and is hereby expunged from the records of this House. It follows, and I accordingly so order that the references to Members of this House purportedly named in that so called dossier are out of order and that the said references to the hon. Eugene Wamalwa and the hon. Simon Mbugua by the Member for Juja in the context of that document be expunged from the records of the House. Note that it is in the context of that document. Thank you, hon. Members."
}