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{
    "id": 158596,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/158596/?format=api",
    "text_counter": 26,
    "type": "speech",
    "speaker_name": "The Minister for Nairobi Metropolitan Development (",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. M. Kilonzo): Mr. Speaker, Sir, I would like to say, from the outset, that my learned friend and the distinguished hon. Member has not only misread the Act that he has read out, but he is also misleading the House. I would like to say that the Standing Orders No.2 and No.158 (6) that he is interpreting were adopted by this House not very long ago. In fact, it was four months ago, on 10th December, 2008. By the time these Standing Orders were being adopted by us and by the time they came into force two days ago, the Grand Coalition as well as the Office of the Prime Minister were in existence. We all knew that this is a Grand Coalition Government and that the Office of the Prime Minister is in existence. Allow me to read the definition of the LGB at page two of the Standing Orders that I have just referred to and which were passed on 10th December, 2008:- “Leader of Government Buness” means the Minister designated by the Government as LGB in the House.” Mr. Speaker, Sir, it has come to my knowledge that, that is the main reason that this House has not yet appointed the HBC. There is a tug-of-war. So, I welcome the opportunity for you to make a ruling. Standing Order No.158 (6) states as follows:- “The Chairperson of the HBC shall be a Member nominated by the Government.” The point that I want to make is that the Standing Orders that we formulate under the Constitution are subject to the interpretation of law. The law governing the interpretation of these Standing Orders is not as my learned friend is attempting to do by using the National Accord. The law for interpreting this statute was passed in 1949 and it has been revised so many times. The first one was Act No.57 of 1949 and it is called the Interpretation and General Provisions Act. The Clerk of the National Assembly will be able to find that in Volume IV of the books in front of you so that you can look at what I am trying to show you. That Act has been amended countless times. The last amendment was in 2004 when you were a Member of this honourable House. Section 3 of that Act states:- “The interpretation of terms in this Act and every other written law and all other public documents enacted, made or used before or after the commencement of this Act, the following word and expression shall have meanings hereby assigned to them respectively except if there is something in the subject of context inconsistent with the construction and/or interpretation except where it is expressly provided.” The Government is defined in that Act to mean “the Government of Kenya”. Moreover, the “President” is also defined and it says:- “The President” means the person elected as President of the Republic under the Constitution:” That is what I understood my learned friend, the hon. Member, to say."
}