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{
    "id": 1394561,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1394561/?format=api",
    "text_counter": 279,
    "type": "speech",
    "speaker_name": "Kilifi North, UDA",
    "speaker_title": "Hon. Owen Baya",
    "speaker": null,
    "content": " Thank you very much, Hon. Speaker. You are being invited here by the Leader of the Minority Party to give a ruling on the constitutionality of the two items contained in the Bill. The issue of CASs has been canvassed in almost four courts in this country, with rulings that have been delivered. The dissenting ruling of Lady Justice Hedwig Ong’udi was very clear. She had no issue with the constitutionality of these positions. She had issues with the numbers. On the same issue, Justice Aleem Visram was also very clear on the numbers. The issue that came in the first case was about the process. The issue was cured. The court said since there was no public participation and no interviews, the recruitment process had not been done properly. It was, therefore, ruled as unconstitutional on the basis that it did not follow the process as established in the Constitution. What the current administration did was to ensure they did the things the court had requested be done. Public participation was done to cure the issue raised. Secondly, the process of advertising, interviewing and recruitment was also followed. The issues raised in the first case were set aside on the basis that the Government followed the process as prescribed by the court. Issues of constitutionality as raised by Hon. Wandayi do not hold water, especially on a Bill which has gone through the Committee. The Committee has looked at it and seen the issues in it as raised. I have read the dissenting opinion of the Senior Counsel Otiende Amollo. His dissenting opinion is very shaky. Based on the rulings that have been made, Parliament is in the process of curing issues the court talked about. Hon. Speaker, reject and refuse to be invited by Hon. Wandayi to get into the debate of the Bill. That is what he is inviting you to do. On constitutionality, this Parliament and these honourable Members can sit and look at the issues raised, make amendments in the Committee of the whole House stage and ensure the Bills we pass are constitutional, lawful and can take us forward, and not the back and forth which Hon. Wandayi is inviting you to entertain. Hon. Speaker, refuse that entertainment. Again, the Office of the Head of Public Service is initially constituted within the law as the Office of the Secretary to the Cabinet. We are trying to draw a line and have, within the Executive Office of the President, a Head of Public Service who can do the work without necessarily having the Secretary to the Cabinet do the same job. We have seen inefficiencies. We want to cure the inefficiencies, but Hon. Wandayi is inviting you to look at a constitutional issue that is non-existent, especially on the Office of the Head of Public Service. I would request you to reject that invitation, allow Parliament to debate these laws and make a position, and pass a good law that can stand the test of time and any litigation in any court in this country. I thank you, Hon. Speaker."
}