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"id": 259900,
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"speaker_name": "Mr. Olago",
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"legal_name": "John Olago Aluoch",
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"content": "Mr. Speaker, Sir, the issue canvassed by hon. Midiwo is very grave, and we should consider it as such because we are dealing with a new area, and we need to set precedent that we can comfortably follow in future. Hon. Midiwo was clearly referring to the Public Appointments (Parliamentary Approval) Act, Act No.33 of 2011. As I was rushing to this session of Parliament, I was researching on this subject, because I also thought that it is very important but I did not complete my research because I had to come. I know that what is expected of the House is approval. Mr. Speaker, Sir, to the extent that the Motion before the House was a negative Motion, seeking non-approval of the nominees, then rejection of that negative Motion, in my humble view, did not result in making the Motion positive. To the extent that this House rejected the Report of the Departmental Committee on Justice and Legal Affairs, in which I have the honour to sit, the result of the rejection of that Motion would be that the nomination by His Excellency the President remains as it came to the House. It is not tantamount to an approval of the recommended names. It was not tantamount to an approval of those names. Standing Orders that refer to Motions, as the House is aware, are found in Part 13, Motions and Amendments, starting from Standing Order No.47. Nowhere in these rules is it indicated that a negative Motion, if rejected by the House, will result in a positive Motion. So, it will be left to reason, logic, tradition and customs of the House for us to look at and reach a conclusion. That is why, in my humble view, looking at the Public Appointments (Parliamentary Approval) Act, 2011, as read together with the relevant provisions of the Constitution, this would have the result that what Parliament did yesterday was simply to reject the Motion of the Departmental Committee on Justice and Legal Affairs, but not to approve the nominees. This is a matter that needs ventilation seriously, so that we set a precedent that is not only based on the Standing Orders, but also on the Constitution and the law, and so that in future, we will know what should be done in the House. Mr. Speaker, Sir, in my humble view this matter needs deeper research, so that it is ventilated on properly."
}