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{
    "id": 1240715,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1240715/?format=api",
    "text_counter": 213,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, in the ensuing debate, several Members, including the Leader of the Majority Party, Hon. Kimani Ichung’wah; the Leader of the Minority Party, Hon. Opiyo Wandayi; Deputy Leader of the Minority Party, Hon. Robert Mbui; Hon. Sabina Chege; Hon. Adan Keynan, Member for Eldas; Hon. Rachael Nyamai, Member for Kitui South; Hon. Gathoni Wamuchomba, Member for Githunguri; Hon. Zamzam Mohammed, Member for Mombasa County; and many other Members spoke on the matter. Notably, Hon. Sabina Chege observed that her proposed removal from the position of the Deputy Minority Whip was contrary to Article 47 of the Constitution which grants every person the right to administrative action that is lawful, reasonable and procedurally fair. Additionally, Hon. Chege was of the view that the proposed removal contravened Article 236(2)(b) of the Constitution which requires that due process of law should precede any removal from office. I wish to inform the House that since reserving this matter for a Considered Ruling, my office has received further correspondence from the Jubilee Party signed by Hon. Kanini Kega as the Acting Secretary-General of the Party. In the correspondence, Hon. Kega has conveyed certain changes to the leadership of the Party, including the appointment of a new party leader. The letter raises issues on who the bona fide officials of the party are. I note that the letter is copied to the Registrar of Political Parties who I trust will exercise her mandate appropriately. From the foregoing, I have distilled the following three issues requiring my guidance— 1. whether the proposed removal of Hon. Sabina Chege as the Deputy Minority Whip is contrary to Articles 47 and 236(b) of the Constitution and due process of law; 2. whether the proposed replacement of the Deputy Minority Whip complies with the Standing Orders of this House; and, 3. whether the Jubilee Party is a Parliamentary Party within the meaning of the Standing Orders. At this stage, I shall refrain from addressing the first issue that I have isolated. This is because it touches on matters falling partly within the mandate of the House and partly within the mandate of other competent constitutional and statutory bodies. These bodies include the Judiciary, the Political Parties Disputes Tribunal and the Internal Dispute Resolution Mechanisms of Political Parties and Coalitions. The centrality of the Bill of Rights in the architecture of our Constitution cannot be gainsaid. Indeed, human rights are one of the national values and principles of governance under Article 10 of the Constitution. Article 47 of the Constitution on the right to fair administrative action and Article 236(2)(b) of the Constitution which requires the due process of law to be followed before the removal of a holder of an office, finds their basis in the Bill of Rights. These rights accrue to every person, including Members of this House, and cannot be limited except in the manner provided for under Article 24 of the Constitution. Hon. Members, whereas Article 22 and Article 165 of the Constitution confer the exclusive jurisdiction to determine the question of whether a right or fundamental freedom in the Bill of Rights has been violated, Article 3 of the Constitution obligates the Speaker to uphold, defend and respect the Constitution. It is noteworthy that under Article 20 of the Constitution, the Bill of Rights binds all State organs and persons. Pursuant to Article 21 of the Constitution, every State organ is under a duty to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. In this regard, where a question arises touching on the possible violation of a Member’s fundamental right or freedom, the Speaker cannot fold his arms and fail to act in blindness of the express requirements of the provisions of the Constitution that I have cited. 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."
}