Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 72535,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/72535/?format=api",
    "text_counter": 41,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "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 on completion of the inquiry to report to the President and to the National Assembly in writing the result of the inquiry and the reasons for the conclusions arrived at.” Hon. Members, the amendment to Section 7 of the Commissions of Inquiry Act came into force on 30th August, 2010 and I note that there was no provision in the amending Act backdating its coming into force. Consequently, by virtue of Section 23(3) of the Interpretation and General Provisions Act, Cap.2 of the Laws of Kenya, the amending Act did not have retrospective effect. The said Section 23(3) of the Interpretation and General Provisions Act provides as follows:- “Where a written law repeals in whole or in part another written law, then unless a contrary intention appears, the repeal shall not (a) revive anything not in force or existing at the time at which the repeal takes effect or (b) affect the previous operation of a written law so repealed or anything duly done or suffered under a written law so repealed or (c) affect a right, privilege, obligation or liability acquired, accrued or incurred under a written law so repealed.” A commissioner is, therefore, under duty to report to the National Assembly only with respect to those commissions of inquiry which concluded their work after 30th August, 2010. The procedural requirement for tabling the report before the House cannot, therefore, be applied retrospectively. Hon. Members, you will, however, recall that the new Constitution came into effect on 27th August, 2010. Article 35 of the new Constitution provides for access to information as follows:- Article 35(1) says:- “Every citizen has a right of access to (a) information held by the State; and, (b) information held by another person and required for the exercise or protection of any right or fundamental freedom.” Article 35(2) says:- “Every person has the right to the correction or deletion of untrue or misleading information that affects the person.” Article 35 (3) says:- “The State shall publish and publicize any important information affecting the nation.” On the issue as was raised as to whether the Minister in failing to produce the requested reports has acted contrary to the new Constitution, I will address myself to it as follows. Whereas the new Constitution guarantees the right to information at Article 35, it goes further to provide for a mechanism for redress in the event of a breach of a provision in the Bill of Rights. Article 22 of the Constitution provides as follows:-"
}