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{
    "id": 72539,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/72539/?format=api",
    "text_counter": 45,
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    "speaker": null,
    "content": "It is clear from the foregoing that the determination of a breach and the enforcement of the Bill of Rights has been left in the purview of the High Court by the Constitution of the Republic of Kenya. Whereas the House must appreciate the need to interrogate and apply the spirit of the new Constitution, it must also be careful to engage in such interrogations within the confines of the limits imposed by the same Constitution. The House must not be seen as taking over the roles which the Constitution expressly confers on other bodies. In the circumstances, I find that up and until 30th August, 2010, the discretion to release and publicize a report of a Commission of Inquiry rested with the President. This being so, the position with respect to the five reports whose production is sought is as follows, and this is how I find it:- (a) The Kiruki and Cockar commissions were appointed and operated under the regime of the Act as it stood before 30th August, 2010. Under that regime, the President was not obligated by the Constitution or any other law to make public the findings of a Commission of Inquiry. The reports of these two commissions were presented to the President on 28th August, 2006 and 24th November, 2008, respectively. This is as far as the law in force at the time required. The same fate applies to the other reports requested in respect of inquiries undertaken prior to 30th August, 2010. (b) The Akiwumi Commission of Inquiry into Tribal Clashes was appointed in 1998 and reported in 1999. Following an order of the High Court, the report of this Commission was made public in 2002. This report is, therefore, in the public domain. Please, note that the release and publication of the Akiwumi Report followed a High Court order. Hon. Members, let me conclude by emphasizing that as I have pointed out, under the law as it now stands, it is the duty of a Commissioner after making a full and 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 a commission and on"
}