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{
    "id": 158414,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/158414/?format=api",
    "text_counter": 43,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, the Constitution has made it clear that the National Accord and Reconciliation Act is not any other law within the meaning of Section 3 of the Constitution and Questions of consistency with the Constitution cannot be raised in respect of any of its provisions. To remove all doubt about this position, the Constitution goes further at Section 15A(5) to provide as follows: “The Act made pursuant to subsection 3 immediately following the commencement of this section (that is, the National Accord and Reconciliation Act) shall, while in force, be read as part of this Constitution.” The dichotomy between the Constitution and the National Accord and Reconciliation Act is not real. The two are read as one. Indeed, we have only one Constitution of the Republic of Kenya. With respect to the question as to whether the House can vary a designation of the Leader of Government Business made by the Government, the answer is in the negative. The appointment of the Leader of Government Business is the prerogative of the Executive. The appointment of the Leader of Government Business is the prerogative of the Executive. He or she stands in a similar position as that of a Minister of Government, so that while the House might express dissatisfaction in him or her, and possibly even censor him or her, the ultimate decision whether to exit remains on the individual or the appointing authority."
}