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{
    "id": 10879,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/10879/?format=api",
    "text_counter": 224,
    "type": "speech",
    "speaker_name": "Mr. Raila",
    "speaker_title": "The Prime Minister",
    "speaker": {
        "id": 195,
        "legal_name": "Raila Amolo Odinga",
        "slug": "raila-odinga"
    },
    "content": "Dr. Khalwale rose in this House on 25th August, 2011 to ask the Speaker to direct that the list of the last Cabinet appointments be presented to the House for vetting and approval. The hon. Member made reference to Section 29(2) of the Sixth Schedule to the Constitution which provides as follows:- “Unless this Schedule prescribes otherwise, when this Constitution requires an appointment to be made by the President with the approval of the National Assembly until after the first elections under this Constitution, the President shall, subject to the National Accord and Reconciliation Act appoint a person after consultation with the Prime Minister and with the approval of the National Assembly.” He also referred to Section 12(2) of the Sixth Schedule to the Constitution which provides as follows:- “The persons occupying offices of Vice-President and Deputy Prime Minister or holding a position in the Cabinet or as an Assistant Minister immediately before the effective date shall continue to serve in accordance with the former Constitution until the first general elections held under this Constitution unless they vacate or are removed from the office in accordance with the former Constitution and the National and Reconciliation Act, 2008.” Mr. Speaker, Sir, Section 2(1) of the Sixth Schedule of the Constitution provides that Articles 129 to 155 of Chapter Nine dealing with the Executive Cabinet are suspended and will only be applied after the final announcement of all the results of the first election of Parliament under the new Constitution. Consequently, Article 152(2) of the Constitution which requires that appointments to the Cabinet be subject to the approval of the National Assembly does not apply to the last Cabinet appointments. The current Cabinet is constituted under the former Constitution and the National Accord and Reconciliation Act and continues to operate as such until the first general election to be held under the new Constitution. Members of the Cabinet continue to serve in accordance with the former Constitution until the final results of the first general elections under the new Constitution are announced. Mr. Speaker, Sir, with regard to the reinstatement of hon. Moses Wetangula to the Cabinet, allow me to recall that on October 27th 2010, when contributing to the debate to the Motion to adopt the Report of the Departmental Committee on Defence and Foreign Relations on the procurement, disposal and construction of diplomatic properties in Egypt, Japan, Nigeria, Belgium and Pakistan, I did inform the House that Mr. Wetangula had opted to step aside from his position as Minister to allow a thorough investigation of the advanced allegations that were labeled against his Ministry in the said Report."
}