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"content": "Ministers of the Government of Kenya, their functions, various matters connected with and incidental to the foregoing.â Mr. Speaker, Sir, that is the Government that we have in place. In that preamble, the Office of the Prime Minister is set out and the duties of the Office of the Prime Minister are clearly defined in Section 4(1). I wish to quote the functions of the Office of the Prime Minister, Section 4(1) (a):- âThe Prime Minister shall have authority to co-ordinate and supervise the execution of the functions and affairs of the Government including those of Ministries.â Mr. Speaker, Sir, if that is the function of the Prime Minister, then we have to look at Section 4(1)(b) which says that the Prime Minister may assign any of the co- ordination responsibilities of his office to Deputy Prime Ministers as well as one of them to deputize for him. What is of relevance is that ipso facto, and the inference is that from the National Accord, the Leader of Government Business (LGB) and the Chairman of the House Business Committee (HBC) is a constitutional affair. In the context of the Grand Coalition Government, the option to appoint the LGB is not for His Excellency the President or the Rt. Hon. Prime Minister but a constitutional matter and we have got no discretion at all. As Members of this House, we should ensure that there is no violation of the Constitution. In my opinion, to have anybody else apart from the one designated by the Constitution to the office of the Chairman of HBC would be unconstitutional. I wish to ask you, with all humility, that this issue be resolved before debate proceeds. Mr. Speaker, Sir, in your speech at the State Opening of this Session, you made it clear what role Parliament needs to play. I wish to make it clear that, in raising this matter for your direction, I do not wish to give the impression that I am holding the country or business of the House at ransom. I would wish this House to proceed as mandated by the Constitution and no less. To that extent, I wish to state categorically that once the National Accord was enacted by this Parliament on the 30th May, 2008, His Excellency the President issued Presidential Circular No.1 of 2008 in which he set out the duties and responsibilities of the Government. With your permission, I wish to lay a copy of the Presidential Circular on the Table."
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