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{
    "id": 391788,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/391788/?format=api",
    "text_counter": 30,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Thank you, hon. Deputy Speaker. I can see the Leader of Majority Party has struggled to address this issue. I sympathise with him because really he is a Member of Parliament like me and, therefore, cannot purport to be holding or answering on behalf of the Executive. I think this is one of the many areas where we have issues as a House on how to hold the Executive accountable. Having said that, our Constitution is not ambiguous on how one can assume office in the public service or in the Civil Service or any other office. Our Constitution spells out three distinct ways of occupying an office in the public service and be paid from the taxpayers’ funds. One of them is State office and, if you allow it, I will ask the Leader of Majority Party to go to Article 260 of the Constitution; State officers are clearly spelt out. If you are not in a State office, then you can only be holding a public office or public service office. If you hold a public service office, your recruitment must be through interviews conducted by the Public Service Commission and approval from that office. Hon. Deputy Speaker, finally you can be personal staff of the President. So, these are three distinct ways. This office, from the Leader of Majority Party’s own assertion and presentation, combines both being personal staff of the President and a position in the public service. As Chief of Staff, he is a personal staff of the President. As Head of Public Service, he is actually not only in the public service but the Head of Public Service and, therefore, this is a position that this House cannot allow the President to appoint a person to without due process. Hon. Deputy Speaker, the Public Service Commission needs to be involved in the appointment of the Head of Public Service; there is no position in the public service which an individual can occupy based on appointment done by an individual. The President cannot hide under Article 234(4)(a) of the Constitution because this is not an office which he can create at his own pleasure. This is the Head of Public Service. Hon. Deputy Speaker, I am at a loss how this issue is going to be addressed because this House is setting a precedent. I know that the Leader of Majority Party cannot order the President to revoke an appointment or pass it through the correct procedure which would involve Parliament’s approval. Therefore, this House needs to come up with a solution on how we are going to force, or make the Executive to comply with this important requirement."
}