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"speaker_name": "Mr. Kapondi",
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"content": "Mr. Deputy Speaker, Sir, I rise on a point of order, in response to what hon. Namwamba has eloquently exposed here; to the effect that the Committee went beyond its mandate. I want to make it very clear that Article 118 of the Constitution, sub-articles 1 and 2, and Standing Order No.180 (a) and (b), allow the public to access Committee proceedings. Article 73(2)(d) of the Constitution also provides for accountability to the public by Parliament for decisions made and actions taken. Mr. Deputy Speaker, Sir, it is on that basis that the Committee received public memoranda. One serious observation that is important for the Chair to note is that the Women Political Alliance, in its submissions to the Committee, made it very clear that the manner in which the selection panel shortlisted its qualified applicants for the positions of chairperson and members of the National Police Service Commission was discriminatory on the grounds of gender, ethnicity and/or social origin; language and regional balance. This in effect violates Article 27. We are talking about the Constitution in this case. This was also contrary to the letter and spirit of Articles 232 and 249 of the Constitution and disadvantaged persons who merited to be nominated for positions they applied for. Mr. Deputy Speaker, Sir, that alone explains that, as a Committee, we had the law with us to look into what the panelists had done. The panel, in forwarding the names never gave any reason whatsoever as to why a lady who was ranked number two, her name was not forwarded to the President. That alone again violated the Constitution. It is on that basis that, as a Committee, after consulting legal minds in this House and consulting the Speaker of the Kenya National Assembly--- It is important to bear in mind that even for the Speaker of the Kenya National Assembly to give approval to the notice of Motion, it meant very clearly that this Report is properly before the House and there is nothing that violates the Constitution in this case. As I end my submission---"
}