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"type": "speech",
"speaker_name": "Garissa Township, JP",
"speaker_title": "Hon. Aden Duale",
"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
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"content": " Thank you, Hon. Speaker. I have interrogated the document and I realised that the Chairperson and the Vice-Chair of the Departmental Committee on Justice and Legal Affairs were not in the House. The Leader of the Majority Party, ideally, in a presidential system, represents the Executive. Yes, he represents the party in the Government. Here, the Government means the Executive. I can rephrase it. The Leader of the Majority Party represents the party in the Government and power, namely, the Executive. He undertook to deliver it to the Chair of the Departmental Committee on Justice and Legal Affairs. Unfortunately, when he got the answer, he read it and saw the content of the letter. Hon. Speaker, I want you to direct him to go by what he said. I have a copy of the Constitution which urges the House to do legislation on the procedure of transfer of power from the president to a president elect. I am happy to report that when we passed the Assumption of Office Act, 2012, Hon Amos Kimunya, who is now the Leader of the Majority Party, was the Deputy Leader of Government Business. I was in this House and I participated in the making of this law. So, there is no lacuna in law. The Constitution is very specific in Article 154. The sub-title reads, “Secretary to the Cabinet”. The Assumption of Office Act is very specific in Section 6 and states that the Chair of the Assumption of Office is none other than the Secretary to the Cabinet. Hon. Speaker, since 2013, there has been no substantive holder of the Secretary to the Cabinet and it raises a number of other issues, which I am not very much concerned about. The people of Kenya, to whom the Constitution belongs, will raise those issues. Who was taking the minutes of the Cabinet? Who was performing the function of the Secretary to the Cabinet? That is a story for other people. We have a President who is leaving office in 79 days. The Leader of the Majority Party read the letter and I agree with him. If I was in his shoes, I would also run away from it. That is why he is saying that he wants the holder or the author of this letter, who is none other than the Head of Public Service, Mr. Joseph Kinyua. We know that Mr. Kinyua purports to be acting under the provisions of Article 154 of the Constitution. So, in this letter, the Head of Public Service has taken the role of Secretary to the Cabinet. I have no problem, but I want you to make expressive direction."
}