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"id": 158403,
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"content": "the Constitution, the inference from the Constitution and the National Accord is that the Leader of Government Business and the Chairperson of the House Business Committee is a constitutional affair. It was the argument of Mr. Aluoch that the Leader of Government Business ought to be the Prime Minister and that it would be unconstitutional for any other person to be the Leader of Government Business or the Chairperson of the House Business Committee. Mr. Aluoch, therefore, sought a ruling from the Chair on these matters before the House could proceed. The Chair took the view that the matters raised by Mr. Aluoch were weighty and decided to hear a few more contributions from Members before indicating the way to proceed. What followed was a barrage of learned and educated opinions by many hon. Members canvassing various positions on the issues raised. In the process, a number of hon. Members also raised new issues which merit consideration and comment by the Chair. Some of the hon. Members who gave their opinions or raised issues include: Messrs. M. Kilonzo, Orengo, Imanyara, Dr. Machage, Messrs. Murungi, Ruto, Kenyatta, C. Kilonzo, Samoei, Nyambati, ole Ntimama, Bahari, Prof. Saitoti, Messrs. Okemo, Munya, Mrs. Ongoro, Dr. Shaban, Mr. Mbadi, Prof. Ongeri, Mr. Namwamba, Prof. Anyangâ-Nyongâo; Messrs. Wakoli, Farah and Thuo. Hon. Members, this list is not exhaustive neither is it intended to be. You will recall that at the end of all the contributions, I delivered a communication in which I, among other things, promised without prejudice to the ruling I undertook to deliver today, to seek direct audience with His Excellency the President and the Rt. Hon. Prime Minister with a view to bring the matter of the constitution of the House Business Committee, its Chairperson and Leader of Government Business to a speedy and amicable conclusion. I also undertook to make known to this House the result of that initiative. Indeed I will do so in the course of this communication. Hon. Members, before I get to the heart of this ruling, let me remind you of what I said on Thursday, 23rd, April, 2009. I said then and I repeat now that the Office of the Speaker of the National Assembly of Kenya is singularly ill-equipped to advise on or determine for the Executive arm of Government and for that matter political parties, how they shall run their affairs. I further stated that the Speaker will limit himself to questions of constitutionality, statute and Standing Orders but only so far as this relates to the business and affairs of this House. Therefore, I want to make it very clear from the onset that subject to these qualifications that I have alluded to, I do not intend to traverse territory that is outside the province of my office. Hon. Members, I have distilled the following issues from the points of orders and contributions made: - (a) What is the definition of the Government in the context of Standing Order No.2?; (b) Whether the Speaker, having recognized or allowed the Vice-President to appear before the House as Leader of Government Business is estopped from entertaining any questions as to the legality or propriety of his incumbency as such; (c) Whether the House has any role in the nomination or determination of the Leader of Government Business; (d) Whether the Constitution as read with the National Accord and Reconciliation Act provides for who shall be the Leader of Government Business in this House;"
}