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{
    "id": 125119,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/125119/?format=api",
    "text_counter": 490,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Therefore, I speak with absolute confidence that President Kibaki in the Gazette Notices, these two eminent Committees have looked at; and I speak for history because there will be other opportunities for these Committees to serve, Gazette Notices No.9300 and No.9301 cite the sections of law that the President was relying on. He said, and if you allow me I will just read one of them because this is very important; it goes to the fundamental issues that this House must determine. What the President said with insight is very informative. He cited the Anti-Corruption and Economic Crimes Act, Act No.4 of 2003. “In EXERCISE of the powers conferred by Section 84 (4)(2) and Paragraph 3(2) of the First Schedule of the Anti-Corruption and Economic Crimes Act, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya reappoint Justice Ringera to be Director of the Kenya Anti-Corruption Commission.” Now, he has cited those sections and, therefore, when Parliament presupposes, perhaps with reason, because I understand the anger, to pass the following resolution, is that the Committee recommends that the House resolves that the reappointment of the Director and two Assistant Directors contained in these Gazette Notices was not done in accordance with the law and procedure”, it presupposes that these two Committees have used Section 58 with regard to voting, where those in favour say “aye” and those not in favour say “nay”. Is that interpretation of law? Do we want, as a House, to tell the country that is how we would be regarding interpretation of law? Would it not be better to say that, perhaps, President Kibaki might have misunderstood the import of those sections? Therefore, if he did, we should express our opinion and let the courts decide."
}