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{
"id": 1394501,
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"text_counter": 219,
"type": "speech",
"speaker_name": "Ugunja, ODM",
"speaker_title": "Hon. Opiyo Wandayi",
"speaker": null,
"content": " But I am also on a point of order."
},
{
"id": 1394502,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394502/?format=api",
"text_counter": 220,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Hon. Caroli Omondi spoke off the record)"
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{
"id": 1394503,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394503/?format=api",
"text_counter": 221,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Use the microphone."
},
{
"id": 1394504,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394504/?format=api",
"text_counter": 222,
"type": "speech",
"speaker_name": "Suba South, ODM",
"speaker_title": "Hon. Caroli Omondi",
"speaker": null,
"content": " Thank you very much, Hon. Speaker. May I draw the attention of my Leader of the Minority Party to Article 132(4)(a) of the Constitution of Kenya, which states: “132(4) The President may– (a) perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission.” Can he address that particular point as per the Constitution of Kenya while he is at it?"
},
{
"id": 1394505,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394505/?format=api",
"text_counter": 223,
"type": "speech",
"speaker_name": "Ugunja, ODM",
"speaker_title": "Hon. Opiyo Wandayi",
"speaker": null,
"content": " Let me educate my good friend, Hon. Caroli. The same Constitution under Article 234(3)(a) states: “234(3) Clauses (1) and (2) shall not apply to any of the following offices in the public service– (a) State offices;” In other words, the Public Service Commission cannot establish a State office. The Chief Administrative Secretary is characterised as a State officer in this Bill. Hon. Caroli is now properly educated. Hon. Speaker, there is no way an office…"
},
{
"id": 1394506,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394506/?format=api",
"text_counter": 224,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Wind up."
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{
"id": 1394507,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394507/?format=api",
"text_counter": 225,
"type": "speech",
"speaker_name": "Ugunja, ODM",
"speaker_title": "Hon. Opiyo Wandayi",
"speaker": null,
"content": " I am winding up. I am very happy that you have given me this opportunity to address this issue."
},
{
"id": 1394508,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394508/?format=api",
"text_counter": 226,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "I have overindulged you."
},
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"id": 1394509,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394509/?format=api",
"text_counter": 227,
"type": "speech",
"speaker_name": "Ugunja, ODM",
"speaker_title": "Hon. Opiyo Wandayi",
"speaker": null,
"content": " You have overindulged me. Hon. Speaker, if you look at the functions of the Chief Administrative Secretary in the Bill – Hon. Mbui, again, please, help me find them. A Chief Administrative Secretary shall be responsible for responding to issues relating to the portfolio assigned to the office; liaising with Parliament; representing the Cabinet Secretary at any meeting as directed by the Cabinet Secretary; and performing any other duties assigned by the office of the Attorney-General or the relevant Cabinet Secretary. In other words, a plain reading of this Bill tells you that the Chief Administrative Secretary shall be responsible to the Cabinet Secretary. That means that he or she shall not be responsible to the Principal Secretary. In short, you are creating this office above that of the Principal Secretary. He or she is essentially a Deputy Cabinet Secretary. You are creating this office outside the Constitution. Hon. Speaker, we should be careful not to venture into this arena. If we do so, we shall be setting ourselves up, as a House, to very needless litigation. You already know what the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1394510,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394510/?format=api",
"text_counter": 228,
"type": "speech",
"speaker_name": "Ugunja, ODM",
"speaker_title": "Hon. Opiyo Wandayi",
"speaker": null,
"content": "verdict will be without me pre-empting it. If this Bill goes to any court, it will be declared unconstitutional. Why should we waste our time and that of taxpayers deliberating on issues which are clearly unconstitutional? Hon. Speaker, I plead with you and urge you to discontinue this debate and retreat to make a considered ruling on the issues I have raised before consideration of this Bill can proceed in one way or another. With those many remarks, I rest my case."
}
]
}