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{
    "id": 1416560,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1416560/?format=api",
    "text_counter": 214,
    "type": "speech",
    "speaker_name": "Ugunja, ODM",
    "speaker_title": "Hon. Opiyo Wandayi",
    "speaker": null,
    "content": " This Bill is attempting to assign the proposed Office of Head Public Service to be the Chief of Staff of the President, the administrative Head of the Executive Office of the President and, previously, the custodian of the seal. I think the Committee has removed that one. He or she is to perform any such other functions as may be assigned by the President. As proposed in the Bill, none of these functions are not being performed by the Secretary to the Cabinet, which is a constitutional office established under Article 154 of the Constitution. So, in other words, this House is being invited to create some kind of mongrel or office that will superintend over a constitutional office. We are being invited in broad daylight to establish an office through an Act of Parliament to load over a constitutional office under Article 154 of the Constitution. To me, that is outrightly unconstitutional. There is no other way you can cure this. If you really want to establish such an office with distinct functions, there is no shortcut but to amend the Constitution. Remove these powers from the Secretary to the Cabinet and assign them to the Office of Head of the Public Service. More importantly, the Head of Public Service will attempt to perform functions that are only meant for the Public Service Commission (PSC), under Article 233 of the Constitution. I am not even aware, because the Bill is silent, whether this is a State office or public office? It is not clear because if it was a State office, it would be different. There is no way you can establish a State office through an ordinary statute. I stand to be corrected. You cannot! You cannot establish a public office, which can only be done by the PSC and make it superior to a constitutional office under Article 154 of the Constitution. That is my issue with this particular office."
}