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{
    "id": 287369,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/287369/?format=api",
    "text_counter": 193,
    "type": "speech",
    "speaker_name": "Mr. Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, the House was then to note the contents of the Statement and get appropriate clarifications thereon as, indeed, happened when the Statement was delivered. Questions of unconstitutionality raised in this context may not be adequately disposed of because of the nature of a Ministerial Statement and the remedy it provides. Neither the House nor the Chair can bind a Minister to any particular action, or inaction, on the basis of the Statement. That said, and arising from the constitutional obligations incumbent on the Chair, it needs to be reiterated that constitutional provisions relating to devolved government and the public service in general are not mere platitudes. The requirement for fair competition and regional diversity and balance are mandatory as is the requirement on gender. So also are the values and principles of public service that require accountability for administrative acts. These are binding on all State organs. Similarly, issues raised in the House regarding the National Accord and Reconciliation Act, and the extent of its requirement on power sharing and consultation, are legitimate constitutional questions to be addressed. Hon. Members, it will suffice to say that for the present, the Ministerial Statement on the question of appointment of County Commissioners has been issued as was sought. If however, the House, in its wisdom, is minded to interrogate the matter further, or to otherwise deal with it, the House may do so by the use of appropriate mechanisms at its disposal. In the alternative, of course following the doctrine of separation of powers, it is open to any person to seek authoritative determination of the legality and constitutionality of the appointments in the courts of law. Hon. Members, I wish to conclude by expressing the concerns of the Chair on the manner and the tone into which the debate on this matter degenerated. While it is the right of this House, and of every Member to express themselves on issues before the House, I urge that we do so in a manner that is not needlessly impassioned and divisive. We are, after all, the National Assembly of the Republic of Kenya. We are the House of the people; all the people of Kenya and not pockets of it, or ethnic enclaves in it. We need to recognize that however strongly we feel about any matter we must still express ourselves in a manner that is sensitive to our people and to the need to maintain the unity and integrity of our country, as one indivisible sovereign nation. Hon. Members, I want to thank you. The Chair has given a clear direction on this. If you want to interrogate this matter any further, there are other avenues on the Floor of the House. Should you wish also to go in line with the doctrine of the separation of powers, there is the Supreme Court which can deal with this. However, the House is not adequately seized of this matter in the manner in which it can give a direction and say that this is unconstitutional, or constitutional for that matter."
}