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{
    "id": 1394639,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1394639/?format=api",
    "text_counter": 357,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samwel Chepkonga",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker. I want to contribute on two issues. I do not want to repeat what my colleagues have just said. With regards to Article 132 (4) on the establishment of offices in the Public Service by the President, it is very clear that the President, in his performance of his functions, may establish an office in the Public Service in accordance with the recommendations of the Public Service Commission. If the Public Service Commission has made recommendations, then that office will be established in accordance with the Constitution. As to whether a matter is constitutional or not, that is something that is supposed to be decided by a different arm of Government. It is not incumbent upon this House to tell if a matter is unconstitutional. We will be allocating ourselves the powers of the High Court to make a determination as to whether a matter is constitutional or not. Our mandate is contained in Articles 94 and 95 of the Constitution, one of which is to enact laws. As the National Assembly, our mandate is fourfold: Legislating, overseeing, budget making, and representation. There is nowhere in law we are given the mandate to arbitrate over disputes. In regard to the issue of making laws, we are the House that does so. On establishment of offices, if people took time to read the Report of the Justice and Legal Affairs Committee, they would have seen that these offices are established for a good reason. One of the reasons why offices are established by the Executive, with the concurrence 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"
}