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{
    "id": 899883,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/899883/?format=api",
    "text_counter": 219,
    "type": "speech",
    "speaker_name": "Suba South, ODM",
    "speaker_title": "Hon. John Mbadi",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": " Thank you, Hon. Deputy Speaker. Let me also take this opportunity to thank and congratulate this Departmental Committee on National Cohesion and Equal Opportunity for coming up with amendments to this Act. I want to give some historical background to this Act, how it came about, why we are where we are and why the court found that some of the provisions in this Act are unconstitutional, which has necessitated these amendments. We all remember that after the Post- Election Violence (PEV) of 2017, there was the committee that was put in place to try and resolve the issues. Part of Agenda Four items was how to bring Kenyans together; cohesion. Therefore, it became necessary to have a commission that would bring cohesion and integration in the country hence the birth of the NCIC. However, we all remember that at that time, a section of Kenyans was not so comfortable with the Executive, the PSC and even the Office of the President. Therefore, it was felt that to constitute such an important commission that would bring Kenyans together and deal with cases of hate speech; Parliament then was seen as more representative and a bit more balanced. That is why the responsibility to constitute this commission was placed on the shoulders of the Parliament of Kenya. The courts have since determined that Parliament doing recruitment and again vetting the same recruitees is actually a contradiction and something that compromises the separation of powers. If you look at the current Act the way it is, it says the process of recruitment starts with the Clerk of the National Assembly putting out adverts whenever there is a vacancy like it is now and after that, then applications are submitted to the Clerk of the National Assembly who would then ask a committee of Parliament, which is the Departmental Committee on National Cohesion and Equal Opportunity, which would go ahead and interview members and come up with 15 The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}