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{
    "id": 1172150,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1172150/?format=api",
    "text_counter": 305,
    "type": "speech",
    "speaker_name": "Kikuyu, JP",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": {
        "id": 1835,
        "legal_name": "Anthony Kimani Ichung'Wah",
        "slug": "anthony-kimani-ichungwah"
    },
    "content": " Thank you, Hon. Speaker. I beg to rise on a point of order under Standing Order No.83; and maybe ask Hon. Kanini Kega to relax, because it is not on the Supplementary Appropriation Bill. I know he never wanted me to speak about the expenditure on the funeral of President Mwai Kibaki at Kshs260 million. He never wanted me to speak about the Kshs400 million going to the AfriCities Summit in Kisumu, and of course, the Railway Development Levy. My point of order under Standing Order No.83, is on the constitutionality of the next Order, if you look at the Order Paper. It is Order No.21, on the new Supplementary Order Paper. You have guided us before on issues to do with constitutionality of Bills. I rise under this Standing Order No.83 on the constitutionality of the Universities (Amendment) Bill (National Assembly Bill No. 35 of 2021), which is set to proceed to a Committee of the whole House as the next Order. You have guided us before that at any point in time, if a Member feels that a Bill is tainted with unconstitutionalities, we may rise in our place and ask you to offer guidance. That is why I seek your guidance on the constitutionality of this Bill. Hon. Speaker, I invite you to rule on the constitutionality of this Bill in respect of two aspects. One is on Article 10, and the other is on Article 201 of the Constitution. On Article 10, which speaks to our national values and principles of governance, the Constitution is very clear. If you look at the Bill in Clauses 13 and 14, this Bill gives very huge sweeping powers to the Cabinet Secretary in charge of education to appoint Vice Chancellors of public universities, and the power to revoke any appointment of members of university councils. In the Bill, these powers are without any limitations or checks and balances. Therefore, I find that this Bill in these Clauses 13 and 14 falls contrary of Article 10 of the Constitution, since public universities will henceforth be subject to the control and direction of the Cabinet Secretary in charge of education. That, in my view, would be very unconstitutional and will fall contrary to the provisions of Article 10 on good governance, as spelt out in our Constitution. 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."
}