The Nation, Kenya
July 7 2006
House teams demand public sessions in probe on Armenians
Story by BERNARD NAMUNANE
Publication Date: 7/7/2006
The joint parliamentary committee on the Artur brothers’ saga wants
its proceedings to be held in public.
The two committees have also written to National Assembly Speaker
Francis ole Kaparo seeking to be allowed to summon Narc activist Mary
Wambui, her daughter, Ms Winnie Wangui and businessmen Kamlesh Pattni
and Raju Sanghani.
Mr Kaparo had earlier ruled that the committees on Administration of
Justice and Legal Affairs (led by Mr Paul Muite) and National
Security and Local Authorities (led by Ramadhan Kajembe) could only
question ministers whose ministries were adversely mentioned in
connection with Mr Artur Margaryan and Artur Sargsyan. The two have
since been deported.
If the committees’ wishes are granted, they will conduct their
proceedings in a similar manner to the Kiruki Commission of Inquiry,
now sitting at KICC in Nairobi.
Said Mr Muite and Mr Kajembe: "Given the public interest in the
Armenian brothers’ saga and the fact that the commission of inquiry
is conducting public hearings, it is only fair that the deliberations
of the joint committee be open to the public."
They cited Mr Kaparo’s ruling on the Parliamentary Select Committee
on the Constitution, then chaired by Mr Raila Odinga, as a case in
point to justify their application.
"The authorisation and subsequent public hearings by the PSC now
constitute part of the practice and procedures of the House and its
committees," they argued.
The aim can be attained by a motion moved on the floor of the House
but the Speaker’s decision could quicken the quest for public
hearings, they said.
"Mr Speaker’s authorisation would expedite the matter so that the
public hearings can commence without having to wait for the House to
debate the motion," says the letter in part.
The committees’ sittings, which started on Monday, have been
overwhelmed by the Shedrach Kiruki commission because they are held
in camera.
Standing Orders, which MPs are now reviewing, prohibit committees
from conducting their affairs in public.
In his ruling last Tuesday, Mr Kaparo gave the committee the go-ahead
to investigate the Artur brothers’ saga following objections from
Justice minister Martha Karua.
But as he reasserted the role of Parliament in auditing the
activities of the Executive, the Speaker restricted their inquiry to
ministers and civil servants serving their line ministries.
It meant that the committee will not question Ms Wambui, Ms Wangui,
Mr Pattni and Mr Sanghani as they had earlier planned.
In the letter, they also protested at the Speaker’s decision to
restrict the scope of their investigations. Referring to Section 14
of the National Assembly (Powers and Privileges) Act, they argued
that the power to decide the people to be summoned lies with the
committee, and not the Speaker or the Clerk to the National Assembly.
"Our interpretation of the section is that the decision of who is to
be summoned is that of the committee, and not the Clerk or Mr Speaker
neither of who is mentioned in this subsection," they stated.
They agreed with Mr Kaparo that Section 15(1) of the Act grants the
duty to send summons to the Clerk, under the Speaker’s direction.
"This section is procedural or administrative," they stated.