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"speaker_name": "Hon. Gikaria",
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"speaker": {
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"legal_name": "David Gikaria",
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"content": "The issue of change of names needs to be looked at. Whether you call somebody a director and they are going to sleep on their jobs, it will not change anything. The most important thing for us to do in this Bill is not to change titles and names of people, but for the officers to know their mandate and responsibilities; what they are supposed to do. I remember in one water company in Nakuru, a meter reader was made a water analyst. It does not change. They will still continue with their corruption deals whether you call them meter readers or water analysts. Even if we change these names in this Act, will it bear fruit? Just as the County Women Representative from Murang’a has said, it is important for us to get the results. We make very good laws but the implementation aspect becomes a problem. Some of these laws are repeated. We also need the services of our Parliamentary Legal Department to look at some of these laws to ensure that we do not repeat them. You find that we introduce issues which are already in law yet they have not been implemented. It is important that as we move to amend this Act so that it becomes law, the people bestowed with the responsibility to implement the law do so. Otherwise, as it has been said, most of the people who have been given this responsibility end up taking sides when they are supposed to make a certain decision. In Clause 22 where the Attorney-General (AG) has been given powers to delegate, we must be very careful up to what level the Attorney-General should delegate. If we allow the AG to delegate almost everything, he might not want to work. If he is given blanket powers to delegate under Clause 22, he might sleep on his job. Because he is the one who is answerable as the Government adviser on legal matters; those delegated powers must also be limited. If we allow him to have those powers, he might not be able to do his normal work. Generally, witnesses are supposed to be protected in this country. Other than the protection, there must be some financial element involved in protecting a witness. This is important. We have said that the agency must get its money from the Consolidated Fund, which is a very good idea. We have seen the Director of Public Prosecutions (DPP), the Auditor- General and many other offices complain that they cannot undertake their work because they do not have enough funding. It is also important that as we make laws, there must be equal funding provided so that they do not have a limited budget and are unable to undertake their mandate. It is important for us to do that. If we do not give enough money to the agency bestowed with that responsibility then it is going to be--- We will need to discuss the audit aspect of this security organ. It has been there in the past but it has never seen the light of day. We want to audit security organs. There has been huge resistance from the concerned departments. We need to determine whether it is tenable for us to audit those security organs. It is important because security matters are very sensitive. If we allow it to be audited, it might jeopardise the good work that the agency is supposed to undertake. There is a clause in this Bill to criminalise any person who harasses a witness. It is something that should be encouraged. We have seen people who, whenever they receive their summons, say that they do not want to attend. This country loses a lot of money through The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}