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"id": 1197332,
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"type": "speech",
"speaker_name": "Ugunja, ODM",
"speaker_title": "Hon. Opiyo Wandayi",
"speaker": null,
"content": " Thank you, Hon. Speaker, for giving me this chance to make a few comments on this Motion. I want us to recognise that this is one of the moments when we are called upon to exercise our mandate as provided for in the Constitution. This is a process that only took effect upon promulgation of the very progressive Constitution in 2010. It was never the case before that Parliament would be called upon to approve, or to even debate appointments by the President. We must applaud the Constitution. For avoidance of doubt, let me read Article 152(2) of the Constitution, which is couched in similar words as Article 154(2) with respect to appointment of Secretary to the Cabinet and Article 156(2) with respect to appointment of Attorney-General. It must be clear to all and sundry that in exercising its mandate under this Article of the Constitution, the House is being called upon to exercise objectivity and due diligence. Article 152(2) of the Constitution provides that: “The President shall nominate, and with the approval of the National Assembly, appoint Cabinet Secretaries.” It, therefore, means that without any doubt the appointment of Cabinet Secretaries by the President cannot be complete unless and until such appointment is approved by this House. That is the duty we are being called upon to perform this afternoon and, probably, tomorrow morning. The Standing Orders take cue from the Constitution and provide the mechanisms of undertaking the approval exercise. That is what the Committee on Appointments has completed. It is the reason we have this Report before us this afternoon. For starters, under the Constitution of Kenya, the standard of ethics and morals that are expected of those who occupy public offices has been elevated so high that this House cannot afford to gloss over them. Let me take you to the famed Chapter 6 of the Constitution, especially Articles 73 and 75. Article 73(1) among other things says that the authority assigned to a state officer is a public trust to be exercised in a manner that among other things demonstrates respect for the people and brings honour to the nation and dignity to the office. If you go a step further, Article 75 provides that a state officer shall, whether in public or private life, or in association with other persons, behave in a manner that avoids, among other things, demeaning the office the officer holds. Why am I emphasising this? Some time in 2010, Hon. Mwai Kibaki, the late President of the Republic of Kenya, suspended eight officials for three months after they were adversely mentioned in reports on the subsidised maize scheme and Free Primary Education (FPE) programmes. In another case, in March 2015, President Uhuru Kenyatta came before this House—I was privileged to be in this House at that time—and read out what was then referred to as a ‘list of shame’. The list contained names of public and State officers who were under active investigation by the Ethics 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."
}