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{
    "id": 96688,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/96688/?format=api",
    "text_counter": 236,
    "type": "speech",
    "speaker_name": "Mr. Wako",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 208,
        "legal_name": "Sylvester Wakoli Bifwoli",
        "slug": "wakoli-bifwoli"
    },
    "content": " Mr. Speaker, Sir, on 30th June, 2010, you directed that I table before this House copies of reports submitted to me by the Kenya Anti-Corruption Commission (KACC) on its investigations into allegations of irregular importation and sale of maize by, and, or through the National Cereals and Produce Board (NCPB) from the Strategic Grain Reserve (SGR) herein referred to as the maize scandal. Mr. Speaker, Sir, in regard to investigations into the maize scandal, I wish to confirm that on 30th June, 2010, I received from KACC a total of five separate enquiry files together with accompanying reports and recommendations thereon pursuant to Section 35 of the Act. On Friday, 2nd July, 2010, I received a comprehensive letter from the Acting Director of KACC covering all the five enquiry files. The investigations carried out in respect of the five files followed the release, in February 2010, of an independent forensic report by PriceWaterHouseCoopers into the implementation of the subsidized maize meal scheme at NCPB. The directive by His Excellency the President was that a thorough and comprehensive investigations be conducted on all those who had been adversely mentioned in that Report. While it is not my intention to challenge and, indeed, I fully respect your directive requiring me to table in this House copies of the Reports submitted to me on 30th June, 2010 by KACC under Section 35 of the Act, I would, nonetheless, humbly request for your guidance on the advisability and the potential legal consequences of tabling of the said reports at this stage of the legal process. In this regard, I would respectively urge you to note and consider the following factors:- (1) The investigation files in respect of whose reports you have directed me to table were submitted to and received by my office on 30th June, 2010. As hon. Members may be aware, under Section 35 of the Anti-Corruption and Economic Crimes Act, KACC is required, upon completion of its investigations, to submit to the Attorney-General, a report on the results of such investigations. In such reports, KACC includes â and it has to include â recommendations as to whether any person or persons should be prosecuted for corruption or economic crime. (2) The said files are now being independently reviewed and re-evaluated by the Department of Public Prosecutions after which I shall, in the exercise of my Constitutional Powers and Functions conferred upon me by the Anti-Corruption and Economic Crimes Act, decide whether or not to accept KACC findings and recommendations in respect thereof or in respect of any one of them. In other words, I am not necessarily bound to accept the findings and recommendations of KACC. (3) The Anti-Corruption and Economic Crimes Act provides a sequential and orderly process through which the Attorney-General reports to the National Assembly regarding investigation reports submitted to him by KACC under Section 35 of the Act. For instance, under Section 36, KACC is required to prepare and publish in the Gazette, quarterly reports of all matters submitted to the Attorney-General during the preceding quarter, with indications whether or not his recommendations to prosecute were accepted or not by the Attorney-General. Indeed, I did, this afternoon, submit the Second Quarterly Report of KACC for the quarter which ended 30th June this year. (b) Under Section 36(4), the Attorney-General is required to lay before the National Assembly a copy of such quarterly reports which I have done, and it is up to date. Under Section 37, the Attorney-General is required to prepare and lay before the National Assembly an annual report indicating all cases submitted to him by KACC during the year, the status of each case and where the Attorney-General did not accept the recommendations of KACC to prosecute any person for corruption or economic crimes, the Attorney-General must set out succinctly the reasons for not accepting the recommendations. (4) The sequencing which I have just outlined is intended to avoid the potential prejudice such as may be likely to occur in the present situation, if the National Assembly was to discuss and make adverse comments concerning investigation reports which are still under the consideration of the Attorney-General in accordance with the Act. (5) In such a case, any decision reached by the Attorney-General may rightly or wrongly be condemned or criticized on the premise or perception that the Attorney- General may have been unduly influenced by the discussions or debates in the National Assembly. We have had instances in past Parliaments, where constitutional applications were filed in courts because of the comments made here in this House and before Parliamentary Committees. Parties have gone to court to challenge the prosecution that has arisen thereafter that they cannot get a fair trial."
}

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