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{
    "id": 84553,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/84553/?format=api",
    "text_counter": 242,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "Mr. Temporary Deputy Speaker, in fact, that Article goes further and I think as soon as we finish this exercise, Parliament shall seize the moment because under sub- article 3, Parliament is required to allocate adequate funds to enable each Commission and Independent Office to perform its functions and the Budget of each Commission and Independent Office shall be as a separate vote. Therefore, that is the objective of this Commission and I want to emphasize promotion of constitutionalism and also the observance of national values. The source of this Bill that I am proudly presenting this afternoon is, in fact, dictated clearly by Section 5 of Schedule 6 of our Constitution. This is found on page 194. The composition is expressly stated and established in Article 5. For the benefit of the country that is listening and watching this, it must be understood that although the Commission is already established, nevertheless the Constitution requires that Parliament enacts legislation for purposes of Section 5(3) of Schedule 6 so that we can produce not only the Chair, but also the Commissioners and their functions. You will find that not just in Section 3, but also in Article 250. It says that legislation is required for the purposes of identifying, recommendation and appointment of the Chairperson and also the Members. Article 253 states that to be appointed, a person shall have the specific qualifications required by this Constitution or national legislation. Since the Constitution has not set out the qualifications, we present this Bill not only to the House, but also to the country for the purpose of the implementation of the Constitution. Therefore, legislation is required. I want to repeat that this Commission is also – quite apart from its independence – required to report to Parliament as well as to His Excellency the President. Hon. Members will find this under Article 254(1). Again, you will find this in the theme of the Bill when I mention it as I move forward. Mr. Temporary Deputy Speaker, Sir, perhaps, the biggest challenge facing the country now is that because of its functions under Section 6 of Schedule 5--- The functions require it to monitor, facilitate, oversee and co-ordinate the origination of legislation and even its discussions with the Attorney-General. An issue has been raised even by Kenyans outside that we have sponsored this Bill with the agreement of the Attorney-General because, in his functions, the Attorney-General is required to consult with the Commission itself. Therefore, if he was to sign the Bill, the question would be: Who has he consulted with? It was, therefore, considered that this is the best way to proceed; that is, my Ministry produces this Bill, but the Attorney-General has co- sponsored this process and is in agreement. Therefore, the challenge is that this Commission must be in office within 90 days. You will find that under Section 25 of Schedule 6. Even though it says “within 90 days”, it is quite clear to me – and I speak with utmost humility – that unless we fast-track the establishment of this Commission, the fact of the matter is that all other legislation requires to have consultation with that Commission for purposes of presentation. It will be recalled that my Ministry has already published two other Bills on the vetting of judges and the Judicial Service. We are, therefore, between a rock and a hard place or rather it is a chicken and egg situation. I would like to request hon. Members to rise to the occasion to have this law put in place as quickly as possible. Mr. Temporary Deputy Speaker, Sir, if I may just mention a little, one of the key benefits of the new Constitution is the benefits that will go to our women folk. For many years, the issue of gender parity has merely been a matter of lip service. I would like to quote the statement of the late President of the USA, Benjamin Harrison. He said:- “The manner by which women are treated is a good criterion to judge the true state of society. If we know but this one feature in a character of a nation, we may easily judge the rest, for as society advances the true character of women is discovered.” I fully identify myself with these sentiments. He also said:- “In this respect, the law, the will of the majority expressed in orderly constitutional methods is the only king to which we bow.” Therefore, our function as I understand it, is to consider this Bill so that we can truly say that every Kenyan from the President all the way down to the unborn child – for the first time our Constitution has given recognition to the embryo inside its mother’s womb for as long as the mother is Kenyan. Therefore, from the President who is in office in State House all the way to a Kenyan embryo in its mother’s womb, we have to say that we are implementing this Constitution so that it is the only king to which we shall bow. Of course, that does not include God because he is overall in charge. Therefore, on this aspect, I speak without fear that this is the opportunity for our country to also borrow from the words of Confucius who is very well known. He said: “To govern means to correct. If you take the lead by being correct, who will dare not to be corrected?” I dare to present that approach to this legislation, to this honourable House, the country and the world so that we can look everybody in the face and say: “Yes, in Kenya we can do it.” Hon. Members will see the Memorandum of Objects and the reason for this very important Bill. The main object is to provide for the qualifications and appointment procedures of the Chairperson and Members of the Commission as established under Schedule 6 which I have referred to. Therefore, the Commission, in this Bill is established primarily to oversee the implementation of the new Constitution. If we need to be reminded, the Constitution establishes a Presidential system of Government. In such models, appointments to key offices originate from the Executive. Under Article 250, the role of Parliament is to approve the persons nominated by the Executive. However, our Constitution, while accepting that structure or architecture of a presidential system also has got Article 10. Here we have national values and principles that are binding on all of us. Those national values and principles of governance require among other things inclusiveness, equality, non-discrimination and participation of the people. In consequence, you will find that, in the Bill, when we talk about the procedure for appointment while respecting the Presidential System that we have established, we nevertheless have put in place a very elaborate mechanism appearing in Clause 8, which is about procedure for appointment of Members. I encourage this House to carefully study that process and appreciate that it is a very strict guideline, but above all, both the President in consultation with the Prime Minister, will be required to gazette and declare vacancies in this Commission if this House passes this law and it is assented to. At the same time, in Clause 8(14), we have also attempted to protect that image of the Executive by saying that nothing under this Section shall be construed as precluding the President in consultation with the Prime Minister from nominating and forwarding names other than those submitted by the Public Service Commission (PSC) to the National Assembly for consideration and approval. It must be appreciated and accepted that it is an attempt to ensure that we balance between the national values of participation of the public and involvement of everybody in the country, and also the concept, given the “yes” by Kenyans to an executive presidency that we have established. Therefore, I urge hon. Members to study carefully Article 8. It should not be regarded as cast in stone. It is available for comment, contribution and even amendment so long as we move the process forward."
}