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"speaker_name": "Mr. Speaker",
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"content": "Hon. Members, we have an unusual situation where I have a Communication to make. The main stakeholder who is the Member for Gichugu is required to be at a different place on a very urgent matter not later than 3.00 p.m. Therefore, I will interrupt Question Time just to deliver this Communication. Hon. Members this pertains to the production of Reports of Commissions of Inquiry. You will recall that on Thursday, 25th November, 2010, the Member for Gichugu, hon. Martha Karua sought for the production of the following Reports by the Minister of State for Provincial Administration and Internal Security: (a) The Report of the Kiruki Commission of Inquiry on the Artur Brothers. (b) The report of the Cockar Commission on the sale of the Grand Regency Hotel. (c) The report of the raid on Archbishop Gitari’s house in Kirinyaga on 21st April, 1999. (d) The report of the Akiwumi Inquiry on Tribal Clashes. (e) The report of the Chesoni Commission of Inquiry into the Kirinyaga/Embu Land Dispute. Hon. Members, you will further recall that the Chair deferred this matter in order to give directions as to the issues as hereunder, which arose by way of various points of order. (i) What the fate of reports by commissions of inquiry ought to be. (ii) Whether or not the appointing authority can decline to make those reports public. (iii)Whether or not the provisions of the new Constitution compel the appointing authority to make the reports public. Hon. Members, commissions of inquiry are appointed under the Commissions of Inquiry Act, Cap.102 of the Laws of Kenya which I shall herein-after, refer to as the Act. For the period prior to 30th August, 2010, commissions of inquiry were obligated to report only to the President as the appointing authority, pursuant to Section 7 of the Act which then provided as follows and I quote in extensor; Section 7(1) says:- “It shall be the duty of a commissioner after making and subscribing the prescribed oath to make a full, faithful and impartial inquiry into the matter into which he is commissioned to inquire, to conduct the inquiry in accordance with the directions contained in the commission and in due course to report to the President in writing, the result of the inquiry and the reasons for the conclusions arrived at and also if so required by the President, to furnish to the President a full record of the proceedings of the commission.”"
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