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{
    "id": 1416756,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1416756/?format=api",
    "text_counter": 410,
    "type": "speech",
    "speaker_name": "Kikuyu, UDA",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": null,
    "content": "If you go to Article 132(4)(a) of the Constitution on functions of the President, it states: “(4) The President may— (a) perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission.” Hon. Temporary Speaker, the plain reading of this provision of the Constitution says that, except as otherwise provided for within the Constitution, the President may establish an office in the public service in accordance with the recommendation of the PSC. As I said, for those who cared to read through the Committee’s Report, PSC in their submission to the Committee, on the question of the establishment of the position of CAS, stated that they were in support of the proposed Section 12(a)(i). This is because it is in line with the recommendation to the President, on the establishment of the office of CAS, in accordance with Article 132(4)(a) of the Constitution as I have read. They went ahead to add certain provisions in terms of years of experience required for this position. I have seen many media practitioner’s narrative that this position is unconstitutional which is very far from the truth. There is absolutely nothing unconstitutional, with the President pursuant to Article 132(4)(a) of the Constitution, establishing an office within public service to help him deliver to the people of Kenya. If it is pursuant to the advice of PSC, as the case under this circumstance, then so be it. This office can be established legally and within the confines of our Constitution. There was a lot of confusion on cases. If you read the Minority Report by Hon. (Dr) Otiende Amollo, you will see the Matindi and three others versus the National Assembly of Kenya and four others; the Controller of Budget and 50 others. All those cases quoted in the Minority Report were determined by the courts. Some of the issues the courts raised are being addressed in this Bill as proposed amendments in the Committee’s Report. Hon. Temporary Speaker, having listened to many of the Members who speak this afternoon, I can bet 99.9 per cent of them did not read both the Bill and the Report except for Hon. Mayaka and Hon. Basil Ngui. Ngui is his name and he is the Member for Yatta. You can tell the two Hon. Members to read the Bill and the Reports. The others including the Leader of the Minority Party are informed by what they think is speaking to the gallery. More so, I noticed a trend where people are afraid of particular appointees appointed to the position of CAS. Some from one corner of this country, are afraid of the former Nairobi City County Governor, Hon. Evans Kidero, who was nominated as a CAS. They are afraid because of the politics going on around the lakeside. That, if Governor Hon. Evans Kidero assumes such a position, he might take over Baba’s position by the lakeside. I know many of 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"
}