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{
    "id": 189623,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/189623/?format=api",
    "text_counter": 131,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Order hon. Members! I have the following communication to make. Hon. Members, before we move to the next Order, you will recall that on Thursday, 10th July, 2008, the Member for Imenti Central, Mr. Gitobu Imanyara, sought to know whether the provisions of Section 39 of the Constitution applied to the Attorney-General with regard to his absence from the House. Further, the Member sought to know whether there is a procedure for communicating to the House the absence of the Attorney-General whenever such absence has been permitted by the President pursuant to Section 39 of the Constitution. Section 39(1)(b) of the Constitution requires that a Member shall vacate his seat if without having obtained the permission of the Speaker, he has failed to attend the Assembly on eight consecutive days on which the Assembly was sitting in any session. However, Subsection 4 of the same section categorically states that the section shall not apply to the Attorney-General. Section 39 of the Constitution, therefore, does not apply to the Attorney-General. Hon. Members, the Attorney-General does not lose his seat in the House on account of failure to attend the House for eight consecutive days without the permission of the Speaker. Indeed, the Attorney-General does not require the permission of the Speaker to be absent from this House. However, the Attorney-General, like any other Member of this House, is required by Standing Order No.173 to notify the Speaker of his intention to travel outside Kenya before he does so. Standing Order No. 173 requires Members intending to travel outside Kenya whether in an official or private capacity to give written notice to the Speaker to that effect indicating inter alia the destination to be visited, the dates of intended travel, the period of absence, their physical address while away and telephone contacts during their period of absence from Kenya. Hon. Members, let me take this opportunity to remind all Members of the need to strictly comply with Standing Order No.173 when intending to travel outside Kenya and to notify the Office of the Speaker accordingly. I have directed the Clerk of the National Assembly to maintain a register wherein shall be indicated the appropriate information on Members travels. Hon. Members should additionally note that in terms of Section 39 of the Constitution, the permission of the Speaker must be separately sought if the Member will be absent from the House on eight consecutive sitting days in a session. In respect of the specific question as to the procedure by which the House is notified of the absence of the Attorney-General, Section 39 of the Constitution contains no provisions to that effect as implied by Mr. Imanyara. No such procedure is provided for. That notwithstanding, let me inform the House that the Attorney-General had, in fact, vide the letter dated 3rd July, 2008 notified the Speaker that he will be absent from the country on official business from 6th July, 2008 to 13th August, 2008 and had requested that Questions, Motions or Bills requiring his response be not listed during that period. Hon. Members, the interest of the Chair in the Attorney-General's actual presence in the House is to see to it that the business of this House is not disrupted on account of the absence of the Attorney-General. It, therefore, behoves the Government to try to ensure that no business of this House is disrupted on account of the absence of any Member of the Government."
}