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{
    "id": 1191653,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1191653/?format=api",
    "text_counter": 75,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "You will recall that on Tuesday, 8th November 2022, this House approved the appointment of the following Members to the Parliamentary Service Commission: 1. under sub-section (c)(i) of the Constitution (a) Hon. Faith Gitau, M.P. (b) Hon. Mohamed Ali, M.P. (c) Hon. Sen. Nderitu Kinyua, M.P. (d) Hon. Sen. Joyce Korir, M.P. 2. under sub-section (c)(ii) of the Constitution (a) Hon. Mishi Juma Khamisi Mboko, M.P. (b) Hon. King’ola Patrick Makau, M.P. (c) Hon. Sen. Fatuma Adan Dullo, CBS, M.P. Hon. Members, I conveyed the aforementioned resolution of the National Assembly to the Senate for its consideration. Of the seven names transmitted by the National Assembly, the Senate approved six. The Senate also substituted the name of Hon. Sen. Fatuma Adan Dullo, CBS, with that of Sen. Erick Okong’o Omogeni, SC. The decision of the Senate is, therefore, at variance with that of the National Assembly to the extent of one of the Members contained in the Message. This, therefore, requires me, as your Speaker, to guide the House on the implications of this variance. There is an established parliamentary practice where bicameral approval of an appointment is only construed to have been granted if both Houses unequivocally approve a nominee. Consequently, the decision by the Senate implies that: 1. Both Houses of Parliament have unequivocally approved the appointment of six out of seven Members to the Parliamentary Service Commission; and 2. The appointment of Hon. Sen. Fatuma Adan Dullo, CBS, as a Member of the Parliamentary Service Commission stands rejected as the nominee only obtained the approval of one House. What does this portend? As you are aware, the matter at hand is not subject to the mediation process contained in Article 113 of the Constitution because approval of a person for appointment to office by Parliament is distinct from the process of law-making. On a matter related to this issue, I wish to also inform the House that I have received a letter this morning from the parliamentary leadership of the Jubilee Party related to this Message. In the letter, the leadership of the Jubilee Party alludes to the entitlement of one of its Members to a slot in the Commission on account of an agreement with its coalition partners in the Azimio La Umoja-One Kenya Coalition. This claim by the Jubilee Party is not new. In the 12th Parliament, my predecessor resolved a similar issue raised by the Wiper Democratic Movement by perusing the coalition agreement entered into by the partners in the National Super Alliance (NASA) Coalition. The NASA Coalition agreement expressly provided for the 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."
}