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{
    "id": 1187047,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1187047/?format=api",
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    "content": "commission as set out in Articles 251(1) and (2) of the Constitution. The Committee has 14 days within which to submit a report to the House, as required under Standing Order 230 (4). My predecessor, Hon. Justin Muturi, previously guided this House that the proceedings relating to removal of persons from office are quasi-judicial in nature and require judicious attention and sobriety. Even the High Court has had occasion with regard to a petition for the removal from office of the then Auditor-General, Mr. Edward Ouko, to remind the House that it must conduct any quasi-judicial proceedings in strict compliance with Article 47 of the Constitution, and Section 4 of the Fair Administrative Action Act, 2015. Section 4 of the Fair Administrative Action Act, 2015 reads as follows: “4 (1) Every person has the right to administrative action which is expeditious, efficient, lawful, reasonable and procedurally fair. (2) Every person has the right to be given written reasons for any administrative action that is taken against him. (3) Where an administrative action is likely to adversely affect the rights or fundamental freedoms of any person, the administrator shall give the person affected by the decision– (a) prior and adequate notice of the nature and reasons for the proposed administrative action; (b) an opportunity to be heard and to make representations in that regard; (c) notice of a right to a review or internal appeal against an administrative decision where applicable; (d) a statement of reasons pursuant to Section 6; (e) notice of the right to legal representation where applicable; (f) notice of the right to cross-examination where applicable; or (g) information materials and evidence to be relied upon in making the decision or taking the administrative action. (4) The administrator shall accord the person against whom administrative action is taken an opportunity to – (a) attend proceedings in person or in the company of an expert of his choice; (b) be heard; (c) cross-examine persons who give adverse evidence against him; and, (d) request for an adjournment of the proceedings, where necessary, to ensure a fair hearing. (5) Nothing in this section shall have the effect of limiting the right of any person to appear or be represented by a legal representative in judicial or quasi- judicial proceedings. (6) Where the administrator is empowered by any written law to follow a procedure which conforms to the principles set out in Article 47 of the Constitution, the administrator may act in accordance with that different procedure.” Hon. Members, quasi-judicial proceedings for removal from office of a member of a constitutional commission, or of the holder of an independent office, differs significantly from the exercise of the investigatory powers of the House under Article 125 of the Constitution. Whereas 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."
}