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{
    "id": 1555763,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1555763/?format=api",
    "text_counter": 159,
    "type": "speech",
    "speaker_name": "Kikuyu, UDA",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": null,
    "content": " Hon. Temporary Speaker, I want to agree with the Leader of Minority that this is a matter that has been dealt with in the past. Hon. Otiende Amollo knows that this matter has been dealt with in the past. In fact, Senior Counsel Otiende is the one who has been teaching me how to interpret the Constitution as a lawyer. He usually tells me that when you read the Constitution, you do not read one part of the Constitution to the exclusion of the other. He has read for us Article 152(3) which says: “A Cabinet Secretary shall not be a Member of Parliament.” However, Article 152(4) says that each person appointed as a Cabinet Secretary assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya upon taking oath. That is the point when someone becomes a Cabinet Secretary and, therefore, Hon. Ruku is not a Cabinet Secretary. What I want to agree with Hon. Otiende is that Hon. Ruku ought not to sit in the House. It was wise of him to leave the Chamber at the time – Hon. Junet said that you cannot skin a monkey when it is staring at you – we were debating the nominees. In this 13th Parliament, the Speaker himself was an elected Senator for Bungoma County and the same question arose. It was the same Member, Hon. Otiende, who raised the issue that Speaker, Hon. Moses Masika Wetangula, was an elected Senator and, therefore, he ought not to qualify for election as the Speaker. The Speaker made a decision on that because he had not taken Oath of Office as Speaker. As Hon. Junet said, Gen. Nkaissery was appointed the Cabinet Secretary of Internal Security and Coordination of National Government when he was still a Member of this House. It is similar to the former Cabinet Secretary for Energy and Petroleum, Sen. Charles Keter, who was appointed when he was still the Senator of Kericho County. Therefore, you do not become a Cabinet Secretary until you are formally appointed and sworn into office. The exclusion is only upon appointment, not nomination. We were right in place to vet Hon. Ruku and consider him for appointment. He should not be in the House. I think wise counsel prevailed on him. He appeared in the House today to transact business, 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."
}