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"id": 213344,
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"speaker_name": "Mr. Deputy Speaker",
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"content": "Hon. Members, on Wednesday, 9th May, 2007, Question No.232 by the hon. Member for Mumias Constituency, Mr. Osundwa, was slotted in the Order Paper for answering by the Minister for Justice and Constitutional Affairs. The Question read as follows:- (a) What led to the cancellation of the swearing-in ceremony at State House, Nairobi, on 6th December, 2006, of Mr. Aggrey Muchelule, Ms. Florence Muchemi and Ms. Abida Ali-Aroni as judges? (b) Could she confirm whether the names of judges-designate had been entered into the register of judges, in keeping with the tradition established by the High Court 2616 PARLIAMENTARY DEBATES July 18, 2007 since Independence? On his part, the Assistant Minister for Justice and Constitutional Affairs, Mr. Mungatana, sought the indulgence of the House to have the Question deferred to Thursday, 17th May, 2007, to give him more time to finalise some information necessary to provide a proper answer. The Chair conceded to the request by Mr. Mungatana on that day. Hon. Members, on Thursday, 17th May, 2007, the Assistant Minister declined to answer the Question stating that, by doing so, he would contravene Section 68(2) of the Constitution. The assertions by the Assistant Minister necessitated the Question to be further deferred to allow examination of the merit of the claims and enable the Chair to guide the House accordingly. Hon. Members, the responsibility of this House to hold the Executive to account is provided by Section 17(3) of the Constitution, which states as follows, and I quote:- \"The Cabinet shall be collectively responsible to the National Assembly for all things done by or under the authority of the President or the Vice-President or any other Minister in execution of his office.\" This position is amplified in Standing Order No.35(1) and No.35(2). Standing Order No.35(1) states:- \"Questions may be put to a Minister relating to public affairs with which he is officially connected to proceedings in the House or to any matter of administration for which he is responsible.\" Standing Order No.35(2) says:- \"A Question shall be of a genuinely interrogative character and its purpose shall be limited to seeking information or pressing for action.\" Hon. Members, part (a) of the Question by Mr. Osundwa is asking: What led to the cancellation of the swearing-in ceremony of the mentioned judges-designate? The question is not disputing the power of the Executive to appoint judges. It is seeking information pursuant to Standing Order No.35(1). Part (b) of the Question is asking for confirmation, whether the names of the judges designate were entered into the register. That is also seeking information and does not, in any way, amount to giving any directive. Hon. Members, I, therefore, rule that this is a legitimate Question and it is properly before the House. I thank you, hon. Members! Next Order!"
}