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"id": 193977,
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"speaker_name": "Mr. Olago",
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"legal_name": "John Olago Aluoch",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I stand to second this Motion with a very heavy heart. This is because successive Parliaments, from 1963 to now, have abdicated their responsibility towards what the Constitution asked them to do. We are debating Section 16(1) of the Constitution. I wish to say, without any fear of contradiction, that the supreme law of our country is the Constitution. Where any other law contradicts the Constitution, then the Constitution takes precedence. That is a clear principle on which all our laws are based. I wish to read out the Section that we are debating. Part Two of the Constitution, Section 16(1) reads:- \"There shall be such offices of the Minister of the Government of Kenya as may be established by Parliament, or subject to any provisions made by Parliament, by the President.\" Mr. Deputy Speaker, Sir, those who come from a legal background, like I do, will appreciate that the use of the word \"shall\" in Section 16(1) of the Constitution, makes it mandatory. It is compulsory that Parliament must fix the size of the Cabinet. However, looking back through the HANSARD from 1963 to date, no Parliament has ever looked at this provision and enacted laws that can make it possible for this Parliament to decide on the size of the Cabinet. There have been inconsistencies in the size of the Cabinet right from the first Parliament in 1963. I have gone through the HANSARD and the following came clear. In our First Parliament in 1963, there were 16 Ministers and 18 Assistant Ministers. In the Second Parliament, in 1969, there were 23 Ministers and 31 Assistant Ministers. In the Third Parliament, in 1975, there were 23 Ministers and 32 Assistant Ministers. In the Fourth Parliament, in 1980, there were 28 Ministers and 50 Assistant Ministers. In the Fifth Parliament in 1984, there were 24 Ministers and 41 Assistant Ministers. In the Sixth Parliament in 1989, there were 34 Ministers and 73 Assistant Ministers. In the Seventh Parliament, in 1993, there were 25 Ministers and 38 Assistant Ministers. In the Eighth Parliament, in 1998, there were 28 Ministers and 43 Assistant Ministers. In the Ninth Parliament, there were 27 Ministers and 28 Assistant Ministers. In the current Tenth Parliament, 1006 PARLIAMENTARY DEBATES May 14, 2008 we have a whooping 42 Ministers and 51 Assistant Ministers. It is a shame! We have these inconsistencies because Parliament has not risen to the occasion to enact a law as provided by Section 16(1). If we had that in place, then Kenyan would not have gone to the brink of breaking down as it did. In my humble view, Kenya can do with just 13 Ministers, and not even 20 Ministers. In my humble view, if we look at the varying interests, Kenya has got to go beyond a tribal country. We must be global. If we have 13 Ministers, they could go as follows: The President, The Vice-President, The Prime Minister, The Deputy Prime Minister 1 and The Deputy Prime Minister 2. Then, the other posts would go to the regions as follows: One for Nairobi Province, one for Central Province, one for North Eastern Province, one for Nyanza Province, one for Western Province, one for Eastern Province, one for Rift Valley Province and one for Coast Province. Then, the Attorney-General would be an ex-officio Member. Those 13 Ministers would address the issue of gender as well. If we did that and, at least, one-third of the 13 would be women and then this Parliament would have its work cut for it. Why are we in this quagmire? Why have we done what Kenyans, ordinarily, do not like? As Members of this Parliament, we cannot cheat ourselves and say that the ordinary Kenyan on the streets of Nairobi or Kisumu is happy with the size of the Cabinet. Whatever the reasons were for having such a Cabinet was because we did not have rules in place! Mr. Deputy Speaker, Sir, I wish to convince this august House to rise up to the occasion and live to the expectations of Kenyans. We should take advantage of Section 16, approve this Motion and let us have a law that is going to fix the size of the Cabinet! If we do that, we are going to make it easy for the President and the Prime Minister to limit what they need to do. That is why Kenya cannot be held at ransom any more! Mr. Deputy Speaker, Sir, I wish to say here clearly that the Cabinet of the Republic of Kenya, as presently constituted, contravenes Section 16 of the Constitution and is, therefore, illegal!"
}