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{
"id": 893448,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/893448/?format=api",
"text_counter": 155,
"type": "speech",
"speaker_name": "Sen. Murkomen",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 440,
"legal_name": "Onesimus Kipchumba Murkomen",
"slug": "kipchumba-murkomen"
},
"content": "Mr. Deputy Speaker, Sir, the Director of Public Prosecution (DPP) has the responsibility to direct the IG to carry out investigation which as per our Constitution, is separated from prosecution. Therefore, the prosecutor is supposed to oversight the investigator. The prosecutor is over-sighted by the judge because he must present convincing and proper evidence in court. We are told that under the Multi-Agency Team (MAT), the investigators, the Ethics and Anti-Corruption Commission (EACC) and the Director of Criminal Investigation (DCI), who is presided over by the IG are now sitting on one table with the DPP. In fact, I saw an argument in court made by none other than Sen. James Orengo and Sen. Omogeni on how the DPP and DCI met one afternoon in the Supreme Court’s buildings and agreed that they can charge the Deputy Chief Justice (DCJ). So, the prosecutor is sitting at the same table with the investigator. What is even worse is that they are chaired by the Attorney-General who sits in the Judicial Service Commission (JSC) and approves all Government contracts. This means he is subject of investigation of both of them. Mr. Deputy Speaker, Sir, this is an unholy alliance. It is short-circuiting of our constitutional order. This country requires constitutional institutions that are independent and bold. We need a DPP who is capable of oversighting the prosecution and a judge who is capable of telling off the DPP. I saw in a conference, the DPP and DCI giving a lecture to the judges yet they are supposed to be over sighted by law and the Constitution. They must follow the rule of law. Therefore, if we want to go far as a country, we must accept to run our nation founded on the rule of law and not the rule of men. We must be a nation that will not survive on the whims of individuals. Mr. Deputy Speaker, Sir, I am waiting for the decision of the court particularly on the submission of Sen. Orengo. He said that there was a reason why the Ethics and Anti- Corruption Act created the office of EACC as a special agency to investigate and submit for prosecution matters of corruption. Although the DCI has the responsibility to investigate everything, there was recognition for the need of a specialised agency. In reading that Act, he went ahead to say that the DCI is a busy body when he engages himself in matters of anti-corruption. I am waiting for the judge’s ruling in the next two months. Mr. Deputy Speaker, Sir, it is important to build institutions in this nation that will outlive, for example, myself, President Uhuru Kenyatta and yourself. If we build those institutions, you can retire and go home happy knowing that, if the Senate will act, it will do so in a just and fair manner because it is founded on principles of justice and not on the tenets of an individual. In fact, I find it ridiculous that we would talk about matters of investigation, extrajudicial killings, cattle rustling, corruption and all kinds of investigations. Mr. Deputy Speaker, Sir, every time we say that it is President Uhuru Kenyatta’s fight against corruption. We should not indoctrinate our heads that the fight against corruption is only for President Uhuru Kenyatta. The fight against corruption must be for every citizen. It must be a calling from the youngest to the oldest person. However, once we put it in the docket of an individual of the President, it means that it cannot outlive the generation, is not inspired by the desire and cannot be seen outside political influence. It The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}