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{
    "id": 1131990,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1131990/?format=api",
    "text_counter": 1604,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "My understanding of this obligation is that a Cabinet Secretary has limited latitude to delegate that responsibility to another officer of the Executive. Section 18 of the Parliamentary Powers and Privileges Act gives effect to implementation of Article 125 of the Constitution. In the event that summons issued pursuant to these Sections are not honoured, the recourse by Parliament is found under Section 19 of the Act which provides that- ―Where a witness summoned does not appear, or appears by fails to satisfy the relevant House of Parliament or Committee, the relevant House or Committee may impose upon the witness such fine not exceeding Kshs500,000, having regard to the witness, condition in life and all the circumstances of the case. A person may pay the fine under subsection (1) to the Clerk of the relevant House. Parliament or its Committees may order the arrest of a person who fails to honour summons.‖ The meeting between the Liaison Committee and the National Implementation Coordination Cabinet Sub-Committee held on 18th March, 2019 was convened to avoid the implementation of the above provisions of Section 19 of Parliamentary Powers and Privileges Act. However, the concerns raised by the Senators in the point of order raised by the Senate Minority Leader gives indication of a departure from the agreements reached at this meeting. Hon. Senators, in the circumstances and on account of Articles 125 and 153 of the Constitution and Section 18 of the Parliamentary Powers and Privileges Act, the position taken by some Cabinet Secretaries not to appear before the committees of the Senate is ill-advised and contrary to their constitutional requirements for oversight by Parliament."
}