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{
"id": 193682,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/193682/?format=api",
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"type": "speech",
"speaker_name": "Mr. Speaker",
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"content": "Hon. Members, it is right that this country and, therefore, Parliament, which is part and parcel of this country has subscribed to the rule of law. So, everything that we do, must be done within the purview of the law. The law relating to appointment of Ministers who are defined by the interpretation of the Constitution of Kenya, as well as the Standing Orders which govern procedure in Parliament, provide that \"Minister\" shall include Assistant Ministers. Hon. Members, the law that relates to appointment of Ministers is found in the Constitution which is the supreme law of this land and, in particular, Section 16 which Members would bear with me to read. Section 16(1) says:- \"There shall be such offices of Minister of the Government of Kenya as may be established by Parliament or, subject to any provisions made by Parliament, by the President.\" Section 16(2) says:- \"The President shall, subject to the provisions of any written law, appoint the Ministers from among the Members of the National Assembly.\" Hon. Members, bear with me also to read Section 21 which pertains to the taking of office of Ministers. It says:- \"A Minister or an Assistant Minister shall not enter upon the duties of his office unless he has taken and subscribed to the Oath of Allegiance and such oath for the due execution of his office as may be prescribed by Parliament.\" Indeed, Parliament has prescribed the law which hon. Mutula Kilonzo alluded to. That is the law that applies to all Members of Parliament as you witnessed during your swearing-in ceremony. Hon. Members, I would have expected the Member raising the point of order, Mr. Linturi, as ably supported by his colleagues, hon. Charles Kilonzo and one or two other Members, that you would cite a law that provides anything beyond what the Constitution prescribes. The Constitution prescribes that the President shall, subject to any written law, appoint Ministers from among the Members of the National Assembly. The Constitution does not say that the President shall appoint Ministers or Assistant Ministers, for that matter, in writing. I expected that you would cite such a law if it existed. As it is, the prevailing position is that both Ministers and Assistant Ministers were appointed by the President of the Republic of Kenya on the 13th of April, 2008 and a public pronouncement to that effect was made by way of a Presidential release to the Kenyan public both through the print and electronic media. This is being also sensitive to the fact that you are not supposed to quote newspaper reports in this House. But live coverage is live coverage. I do not think there is any better authority than live coverage. This went live. Among others, Mr. Muriithi was named as appointed by the President on the 13th April, 2008. Hon. Members, we are also aware that hon. Muriithi did take an oath administered by the Head of the Public Service in the presence of His Excellency the President, the appointing authority, therefore, recognising that Mr. Muriithi was an Assistant Minister, so appointed. So, it is the ruling of the Chair that it is in order for Mr. Muriithi to act as an Assistant 1088 PARLIAMENTARY DEBATES June 10, 2008 Minister and answer Questions that are properly put to his Ministry."
}