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{
"id": 1394511,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394511/?format=api",
"text_counter": 229,
"type": "speech",
"speaker_name": "Suba South, ODM",
"speaker_title": "Hon. Caroli Omondi",
"speaker": null,
"content": " On a point of order, Hon. Speaker."
},
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"id": 1394512,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394512/?format=api",
"text_counter": 230,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Yes, Hon. Caroli."
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"id": 1394513,
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"text_counter": 231,
"type": "speech",
"speaker_name": "Suba South, ODM",
"speaker_title": "Hon. Caroli Omondi",
"speaker": null,
"content": " Thank you very much, Hon. Speaker. Again, there is a misconception here. It took me a bit of time to get it, but Article 234 of the Constitution clearly shows that the public service is restricted in terms of how it exercises its powers to hire, fire and discipline State officers. This is because there are special procedures for State offices and how the public service exercises its powers with respect to State officers. I can give him an example. I was the first Chief of Staff in the Republic of Kenya. When we created that office, it had no powers but the President had the executive power to organise his executive office, and so did the Prime Minister. There are offices in a presidential system of government that are not necessarily created by law. If you check the history of the Office of the Chief of Staff in the United States of America (USA), the first holder was a presidential appointee through an Executive Order. Over time, it has gained currency simply because in a presidential system such as the one we have, there are officers who cannot exercise both bureaucratic and political power. A Principal Secretary cannot interface with Parliament in a presidential system. In a presidential system such as the one in the USA, presidents have their chiefs of staff who can exercise both bureaucratic and executive power in a political interface with Congress. That power rests with the President. Article 234 of the Constitution limits the authority of the public service in terms of hiring, disciplining, and directing State officers. However, it does not limit the power of the President under Article 132 of the Constitution to establish offices in the Executive, as he so wishes. Thank you, Hon. Speaker."
},
{
"id": 1394514,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394514/?format=api",
"text_counter": 232,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Murugara, please, hold on. Hon. Jared Okello, do you want to contribute to the same issue?"
},
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"id": 1394515,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394515/?format=api",
"text_counter": 233,
"type": "speech",
"speaker_name": "Nyando, ODM",
"speaker_title": "Hon. Jared Okello",
"speaker": null,
"content": " Yes."
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"id": 1394516,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394516/?format=api",
"text_counter": 234,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Murugara, you are the Chairperson of the Committee. Hold on. I will come back to you."
},
{
"id": 1394517,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394517/?format=api",
"text_counter": 235,
"type": "speech",
"speaker_name": "Nyando, ODM",
"speaker_title": "Hon. Jared Okello",
"speaker": null,
"content": " Hon. Speaker…"
},
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"id": 1394518,
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"text_counter": 236,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hold your horses, Hon. Murugara."
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"id": 1394519,
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"text_counter": 237,
"type": "speech",
"speaker_name": "Nyando, ODM",
"speaker_title": "Hon. Jared Okello",
"speaker": null,
"content": " Hon. Speaker, even as I align myself with the sentiments expressed by my brother, Hon. Wandayi, I read the ruling by the High Court on this same matter with a fine tooth comb. I needed to understand the gist of this entire issue. One thing that caught my attention, Hon. Speaker, is what the court said: that we are being governed by a constitutional dispensation of the year 2010. This Constitution went into details as highlighting these offices, some of which are now under question. And one fundamental issue that these judges raised is that the CAS was going to be a person just between the Cabinet Secretary and the Principal Secretary. So, by inference, the CAS is a boss to a Principal Secretary. Hon. Speaker, what the court said, and what we are still not addressing holistically, is that if Kenyans thought that that office was going to be as important as this House would want to make it, Kenyans would have put it in the Constitution. The court went on to say that if 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"
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{
"id": 1394520,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394520/?format=api",
"text_counter": 238,
"type": "speech",
"speaker_name": "Nyando, ODM",
"speaker_title": "Hon. Jared Okello",
"speaker": null,
"content": "indeed this position will be as important, Kenyans will have to have a say on it by way of a referendum. Why straddle a very important consideration in enactment of this office, Hon. Speaker? So even as you retreat to come up with an in-depth ruling, as you have always done before, let us try to look at the participation of Kenyans in infusing this office into law. Otherwise, we were very embarrassed, as a House, by the decision of our courts, and I do not want this House to be always subjected to embarrassment each time we create laws here. Hon. Speaker, we do not make laws in vain and, therefore, let us go deep and look into this. I know there are people who campaigned for UDA or Kenya Kwanza by extension, and are angling for jobs. They are very desperate to have something in their name. But let us do things according to the dictates of our laws, so as not to overreach and hence face embarrassment in our courts of law. I thank you for the opportunity."
}
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}