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{
    "id": 1409968,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1409968/?format=api",
    "text_counter": 105,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "expressed as days, the day on which the first event occurs is to be excluded, and the day by which the last event may occur is to be included when computing time. Consequently, the period of three days that applies to the Hon. Speaker in respect of the proposed Motion started running from Thursday, 25th April 2024. The three days expired on Saturday, 27th April 2024 and as such, the earliest available opportunity for the Hon. Speaker to notify the House on the admissibility of the proposed Special Motion is today, being the nearest available sitting of the House since receipt of the proposed Motion. Hon. Members, allow me to highlight the legal and procedural requirements that guide the process of dismissing a Cabinet Secretary. Article 152(6) of the Constitution provides that a member of the National Assembly, supported by at least one quarter of all the Members of the Assembly, may propose a Motion requiring the President to dismiss a Cabinet Secretary— (a) on the ground of a gross violation of a provision of the Constitution or of any other law; (b) where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or, (c) for gross misconduct. Procedurally, Standing Order 66(1) provides that “before giving Notice of Motion under Article 152(6) of the Constitution, a Member shall deliver to the Clerk a copy of the proposed Motion in writing— (a) stating the grounds and particulars in terms of Article152(6) of the Constitution upon which the proposed Motion is made; (b) signed by the Member; and, (c) signed in support by at least one-quarter of all the Members of the Assembly. Hon. Members, additionally, Standing Order 64(1A) provides as follows on the admissibility of grounds for removal from office: (1a) The grounds specified in a Motion under this Standing Order shall be admissible if— (a) framed clearly to particularise and disclose a gross violation of the Constitution or other written law, where gross violation of the Constitution or other written law is indicated as a ground for the intended removal; (b) stating with precision, the provisions of the Constitution or other written law that are alleged to have been grossly violated, where gross violation of the Constitution or other written law is indicated as a ground for the intended removal; and, (c) accompanied by necessary evidence, including annexures or sworn testimonies in respect of the allegations. Hon. Members, it is worth noting that Standing Orders 64(1A) and 66 as presently couched find their basis from the practice of the House in the 11th and 12th Parliament where notices of Motion were submitted by Members for dismissal of various Cabinet Secretaries. These include the Notice of Motion for dismissal of the then Cabinet Secretary for Devolution, Hon. Anne Waiguru; the Notice of Motion for dismissal of the then Cabinet Secretary for Transport, Mr. James Macharia and the Notice of Motion for the dismissal of the then Cabinet Secretary for Education, Prof. Jacob Kaimenyi. My predecessor, the Hon. Justin Muturi, Speaker, has had occasion to guide the House on the manner of considering a Special Motion such as the one proposed by the Hon. Member for Burnula. In a Communication issued on 22nd October 2015 on the Processing of Special Motions on removal of state officers, the Hon. Speaker guided the House as follows: 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"
}