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{
    "id": 949579,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/949579/?format=api",
    "text_counter": 174,
    "type": "speech",
    "speaker_name": "Baringo North, JP",
    "speaker_title": "Hon. William Cheptumo",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "Cabinet directed the Attorney-General to facilitate the submission of the memorandum to Parliament for approval. That is why today we have this Motion of approving the ratification as proposed by the Cabinet. The subject matter of the instrument was Establishment of the International Anti-Corruption Academy as an International Organisation to facilitate provision of anti-corruption training programmes for member states and other interested parties. This would give the academy necessary immunities, privileges and recognition amongst State parties and other international organisations. Hon. Temporary Deputy Speaker, allow me to briefly outline the purpose of the academy. As per Article 11(1) of the Agreement, its purpose is to provide effective, efficient prevention and combating of corruption by: i) providing anti-corruption education and professional training. ii) undertaking and facilitating research into all aspects of corruption. iii) providing other relevant forms of technical assistance in the fight against corruption, and iv) fostering international cooperation and networking in the fight against corruption. Our own institutions in Kenya that assist in fighting corruption have always had a chance to visit other jurisdictions to share experiences and apply them in our country. So, this institution is going to be useful. All the stakeholders in various state parties to this Agreement will converge together and share experiences unlike now where we have countries visiting other jurisdictions to find out how they fight corruption. This is a body that is going to bring all the countries together. It is an important step in the right direction for us as a country. We will be part and parcel of the global programmes. The stakeholders’ views and ratification of the treaty were obtained and none raised objections. Among the stakeholders who gave views were the Minister for Justice, National Cohesion and Constitutional affairs, the EACC, Office of the Director of Public Prosecutions (DPP), State Law Office, the Judiciary and the Ministry of Foreign Affairs. Under Article 118 of the Constitution, public participation is no longer optional. We must listen to Kenyan institutions on a matter of this nature. When we advertised this - as I will show you shortly - there was no objection from any institution on the establishment of this institution. The ratification of the instrument will not offend any provision or principles of the Constitution of Kenya. In fact, it will promote Article 10 on National Values and Principles of Good Governance and Chapter Six on Leadership and Integrity. It will facilitate the actualisation of integrity provisions provided for under the Constitution and various ethics, anti-corruption and integrity laws. The ratification of the Agreement will not contravene any policy or law or necessitate the amendment of the existing policies of law. Therefore, none of the Agreement’s provisions negates or contravenes any of our written laws, especially the supreme law of the land - our Constitution. As a Committee, we could not have agreed to any of those provisions. So, we were satisfied, as a Committee, that none of the provisions under this Agreement contravenes our Constitution and any other written law. I say so because Section 8 of the Treaty making and Ratification Act 45 of 2012 provides as follows: “The National Assembly shall not approve the ratification of a treaty or part of it if the provisions are contrary to the Constitution, nor shall the House approve a reservation to a treaty or part of it if that reservation negates any of the provisions of the Constitution even if the reservation is permitted under the relevant treaty.” 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."
}