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"content": "abolition of offices for the Republic of Kenya, and Section 52, which deals with the powers of the President in Parliament, are all of relevance. Hon. Members, the Second option is to take the view that under the Constitution, as it now stands after the recent changes in it, the mechanism for designation by the Executive Arm has changed, and it is for the Speaker to interpret and set out the new procedure by which the Executive Arm shall designate the Leader of Government Business. In terms of this option, the Speaker will then accept only such designation as accords with the new procedure. This option advocates the supremacy of the National Accord and Reconciliation Act over the rest of the Constitution. Hon. Members, I did plead for your patience at the beginning. Please, bear with me. The third option is a hybrid view that recognizes the fact that there is the established traditional procedure, but also recognizes that the new constitutional arrangement may have affected that traditional procedure. In terms of this option, the Speakerâs hands would be tied, as he would have to await a resolution by the Executive itself of the question whether, and if so, how the traditional procedure has been affected. The Speaker would then be bound by any agreement that emanates from the Executive as to the choice of the Leader of Government Business in the House. This view advocates a purposive and holistic reading of the Constitution. That is, we must all, as hon. Members and Kenyans, read the Constitution as a whole, and not in parts or in piecemeal. Hon. Members, I am persuaded that it will be a grave abdication of my duty, as your Speaker, if I were to take the first or second of these options. In my considered view, only the third option is in consonance with the Kenyan reality. That reality is that following the general election held in 2007, our country went up in flames and tottered on the precipice of anarchy. More than 1,000 innocent Kenyans lost their lives. Thousands fled their homes. Some of these are still displaced, to this very moment. We could have perished. We were saved by the mercy of God, through intervention by the international community. Standing out in this intervention is His Excellency Kofi Annan and the Panel of Eminent African Personalities to whom we are greatly indebted. An Accord was painstakingly negotiated as the country waited with bated breath. On 28th February, 2008, ululations rent the air. There was a collective sigh of relief. An agreement had been reached in the form of the Agreement on the Principles of Partnership of the Coalition Government. This agreement is now contained in our Constitution. Hon. Members, allow me to quote some words from this agreement, which are found in the Schedule to our Constitution, as follows:- âGiven the current situation, neither side can realistically govern the country without the other. There must be real power-sharing to move the country forward and begin the healing and reconciliation process. With this agreement, we are stepping forward together, as political leaders, to overcome the current crisis and to set the country on a new path. As partners in a Coalition Government, we commit ourselves to work together in good faith as true partners through constant consultation and willingness to compromise. This agreement is designed to create an environment conducive to such a partnership and to build mutual trust and confidence. It is not about creating positions that reward individuals. It seeks to enable Kenyaâs political leaders to"
}