Entry Instance

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{
    "id": 257716,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/257716/?format=api",
    "text_counter": 606,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "appointment by the Executive is still evolving. However, it will be much assisted by interpretations that promote the spirit and intendment of the Constitution. Hon. Members, having considered all the relevant circumstances, I come to the considered position that the two most critical questions to the present matter can fairly be determined together, which I proceed to do as follows:- I ruled, firstly, that in the context of approvals of nominees for appointment to any office, the rejection of the Report of a Committee of the House, whatever its proposals, leaves nothing before the House, in respect of which without further action, progress can be made either to appoint or not appoint the nominees. It is, however, imperative to observe, as I indicated to the hon. Charles Kilonzo, the able Member for Yatta, in disallowing his directly negative amendment proposals that “the nominees stand.” Hon. Members, if you go back to the HANSARD, you will find that those are the exact words that I used – that “the nominees stand”. This means that the nominees still remain before the House. This brings me to the second aspect, where I rule that “approval” as contemplated by the Constitution and statutes is an affirmative and unequivocal approval by the House, and cannot be derived or deduced from the rejection of a Committee Report. In circumstances such as are in issue, by the rejection of the Committee’s Report, the House is put in the position in which it was before the Committee’s Report; namely that there are nominees before the House, who have neither been approved by the House nor rejected by it and it becomes incumbent on the owner of the business in question, in this case the Government, through the Leader of Government Business or otherwise as the Government may determine, to move a Motion for the approval by the House of the nominees. Such a Motion is a different Motion from the defeated Motion in so far as it does not seek the adoption of a Committee Report already defeated. It is a Motion independent of the defeated Motion."
}