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"content": "familiar with having been the advocate on record for the applicant, the then Auditor-General, Mr. Edward Ouko, the Court held, amongst others, and I quote paragraph 164: \"In the premises, whereas I do not have any quarrel with the Respondents (National Assembly) powers to conduct the subject proceedings, such proceedings must comply with Article 47 of the Constitution and Section 4 of the Fair Administrative Action Act. In other words, the due process must be adhered to in the conduct of the said proceedings.” Hon. Members, it is noteworthy that the proceedings of one of the committees of this House to remove the then Auditor-General were subsequently set aside for failure to adhere to the requirements of the Fair Administrative Action. Additionally, you may also recall the High Court Petition No.518 of 2013 in the matter of the independence of constitutional commissions and independent offices between the Judicial Service Commission (JSC) versus the Speaker of theNational Assembly . The subject matter of the particular case was a Petition that had been filed in this House seeking the removal of six JSC Commissioners. In the Petition, the Court also held as follows, in paragraphs 140 and 143, in a decision of a five-judge bench: Paragraph 140: “In addition to the requirement to act judiciously, a body exercising a quasi- judicial function must accord the parties a fair hearing.” Paragraph 143: “The right to a hearing and fair administrative action is no longer just a rule of natural justice, but is now a constitutional principle which applies in equal measure to all proceedings, investigations and hearings, whether judicial, quasi-judicial or administrative. Article 47 guarantees to everyone administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. The right to fair hearing is guaranteed under Article 50.” Hon. Members, to this end, I am in effect expected to examine whether a Special Motion as presented contains and meets the threshold of the grounds envisaged under the relevant articles of the Constitution and specifically, whether the facts as stated in the Motion amount to alleged gross violation of the Constitution or gross misconduct. In doing so, I must, as a matter of jurisprudence, be guided by the interpretation precedent set by the courts of law. I am bound to admit any Motion which meets the minimum requirements set by the Constitution, written law, our Standing Orders and the precedents of this House. I shall, however, not admit any whimsical attempt that does not meet the constitutional thresholds as stated. Hon. Members, finally, as I conclude, I hasten to remind the House that I have consistently evaluated previous Motions for the removal of Cabinet Secretaries (CSs) and petitions for the removal of members of commissions and holders of independent offices without fear or favour. As Members will recall, during the 11th Parliament, I admitted the first Petition for the removal of the Members of the JSC in 2015 to be presented to the House. The House subsequently recommended that the President form a tribunal in the matter. In the same vein, I admitted a Motion for the dismissal of the then CS for Education, the Hon. (Prof.) Jacob Kaimenyi; the Petition for the removal of the Commissioners of the Ethics and Anti-Corruption Commission (EACC) in 2011; and the Petition for the removal of the Chairperson of the EACC in 2016, among others. During the said 11th Parliament, I also declined to admit the second Petition for the removal of the Commissioners of the JSC and a Motion for the dismissal of the then CS for Planning and Devolution, Ms. Anne Waiguru, to name a few. Hon. Members, in summary, therefore, I guide as follows: THAT, the procedure for the removal of a member of the Parliamentary Service Commission is as provided for in Section 10 of the Parliamentary Service Act, 2019, which is by a Motion proposed by a Member of Parliament on any of the grounds specified; 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."
}