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{
    "id": 203802,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/203802/?format=api",
    "text_counter": 150,
    "type": "speech",
    "speaker_name": "Mr. Muite",
    "speaker_title": "",
    "speaker": {
        "id": 235,
        "legal_name": "Paul Kibugi Muite",
        "slug": "paul-muite"
    },
    "content": "So, when we enacted the Anti-Corruption and Economic Crimes Act, we exercised our powers under Section 23(2) to confer functions and authority on a person other than the President. Mr. Temporary Deputy Chairman, Sir, how long have we complained about the over- concentration of powers in the institution of the Presidency? We want powers to be shared between the institution of Parliament and the institution of the Presidency. In fact, Section 24 goes on to say:- \"Subject to this Constitution and any other written law, the powers of constituting and abolishing offices for the Republic of Kenya, or of making appointments to any such office and terminating any such appointment, shall vest in the President.\" It says: \"Subject to this Constitution and any other written law!\" The other written law is the Anti-Corruption and Economic Crimes Act. Now, Mr. Temporary Deputy Chairman, Sir, look at the recent debacle we had about the judges. Who appoints judges in this country? Is it the Judicial Service Commission or the President? In the case of Director and Deputy Director of KACC, the Act tells us very, very clearly that, once the Advisory Board has been constituted, it is them who will advertise for the position of Director and Assistant Director. They vet them, they interview them and then, they bring those names to Parliament. Once Parliament has vetted, that is the end of the matter! Mr. Temporary Deputy Chairman, Sir, the position of His Excellency the President in gazetting is similar to the position of Mr. Speaker. If the people of Kabete elect me, I become Member-elect for Kabete. But I cannot transact business until I am sworn in by the Speaker! Is it tenable that the Speaker can turn around and say: \"I am not going to swear in the hon. Member for Kabete?\" Of course, not! His role is ceremonial and formal! Therefore, while Parliament has cleared the person, the role of the President is actually to gazette. The Government is represented here in this Parliament. If it had any objection about Dr. Rotich, it should have said on the Floor of this House."
}