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{
    "id": 1120622,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1120622/?format=api",
    "text_counter": 71,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "what it is worth, because it has been read many times in this House, let me just read it again. It states as follows: - “A Cabinet Secretary shall attend before a committee of the National Assembly or the Senate when required by the committee and answer any question concerning a matter for which the CS is responsible.” For purposes of the invitation regarding the two Cabinet Secretaries, we are talking about electricity and fuel. Obviously, there is no doubt that they are being called upon to answer on questions that relate to their responsibilities under their particular area of jurisdiction. That is also in consonance with the oath of office that they took, the same oath of affirmation of due execution of office for Cabinet Secretaries. When they were appointed, and before they took responsibility, they had to subscribe to this oath as required under the Constitution. The Constitution says that you cannot take those responsibilities before you take the appropriate oath. That oath requires Cabinet Secretaries to obey, respect and uphold this Constitution of Kenya and other laws of the Republic of Kenya. So far, I have dealt with the constitutional provisions, which require that they attend when they are required to do so. To leave the matter not in doubt, this oath says as much. Then, there is the general power of Parliament, because this has been cited many times in this House in relation to the power of Parliament to call for evidence. Calling for evidence applies not only to the House itself, but also to committees. Article 125(2) states as follows: - (a) For the purposes of Clause 1, a House of Parliament and any of its committees has the same powers as a high court to enforce the attendance of witnesses and examine on oath, affirmation or otherwise. (b) To compel the production of documents. (c) To issue or commission a request to examine witnesses. The Constitution talks about the power to call witnesses or to call for evidence or to summon any person. However, it says that if you do not attend or appear, then the Senate will have the powers of the High Court, not of the magistrates’ court. Those of you who appear before a magistrate’s court, if you disobey an order by a magistrate, the consequences are dire. The same applies when you are appropriately summoned by a police officer to appear before a police station. Many of us here have been required to appear before a police station. In this respect, Parliament is given the powers of a superior court to enforce the attendance of witnesses. There are those who say that witnesses can only be ordinary mortals. Witnesses include anybody; a citizen or a non-citizen of Kenya. It is good to put these things in context."
}