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{
    "id": 1150438,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1150438/?format=api",
    "text_counter": 38,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Hon. Speaker, Article 141 of the Constitution provides for the swearing-in of a President- elect. In this regard, the President-elect for this year's general election shall be sworn-in on the first Tuesday following the 14th day after the declaration of the presidential election results, if no petition will be filed; or the 7th day following the date which the Court renders a decision in accordance with the provisions of the Assumption of the Office of the President Act No. 21 of 2012. Hon. Speaker, the Assumption of the Office of the President Act No.21 of 2012, which provides for the procedure and ceremony for the assumption of Office of the President-elect also establishes and constitutes the Assumption of the Office of the President Committee. The Committee is mandated under the provisions of Section 6 to facilitate the handing-over process by an outgoing President to the President-elect, the provision of security detail and security briefings including intelligence, to the President-elect, among other key functions. It is, however, worth noting that Section 5 of the Act, which defines the composition of the Committee, provides that the Chairperson of the Committee shall be the Secretary to the Cabinet and shall consist of 19 other members, including Principal Secretaries drawn from various Ministries, the Chief of Kenya Defence Forces, the Inspector General of the National Police Service, the two Clerks of Parliament and the Chief Registrar of the Judiciary, among other members. Hon. Speaker, as it is presently, there is no person holding the Office of the Secretary to the Cabinet in terms of Article 154 of the Constitution. The Assumption of the Office of the President Act No.21 of 2012 clearly stipulates that the leadership of the Committee is to be headed by the Secretary to the Cabinet. Hon. Speaker, as you are aware, a person nominated to the position of the Secretary to the Cabinet must be approved by this House in accordance with Article 154 of the Constitution. The House is set to proceed to sine die in less than four weeks. If this is not done, Hon. Speaker, the assumption process for the next President-elect in this year’s general election may be jeopardised and it will be a critical violation of the Constitution by the current Government and President. Hon. Speaker, it is on this account that I seek for a Statement from the Chairperson of the Departmental Committee on Justice and Legal Affairs. In the Statement, the Chairperson should explain the steps being taken to ensure that the leadership of the Committee on the assumption of the presidency is put in place before the House goes into recess sine die. Failure to have this done, Hon. Speaker, I wish to request you as the Leader of the Legislature that you give consent for this House to legislate, as a matter of urgency and priority, with a view to addressing the possibility of a lacuna in the leadership of the said Committee, and further request for your consent to have it expedited and considered as fast as possible. This is a serious matter. It is a time of transition. Since this House rejected the current Cabinet Secretary in the Ministry of Energy, Amb. Monica Juma, who was presented for the position of Secretary to the Cabinet, no other name has been brought. Within the reading of Article 154, this is a violation. This is impunity and for this country to have a smooth transition of power from one President to another in this year’s general election, which is anchored on a peaceful, transparent, fair and free elections, I really would like you, Hon. Speaker, as a matter of urgency to give direction that this segment is brought perhaps tomorrow or Tuesday. If that does not happen, you allow us to publish a Bill that will give room to state that in the absence of that person, somebody else within the committee can act. The Committee on Assumption of President-elect 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."
}