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"id": 391823,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/391823/?format=api",
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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
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"legal_name": "Aden Bare Duale",
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"content": "If the PAC or Parliament wants to deal with accounting or financial matters then the State House Comptroller is the man to deal with. Hon. Bosire has talked about Article 232 on appointments. For appointments to fall within the criteria of this Article, you need to look at the public appointments in totality. You cannot single out one position and say that--- How do you take one position and divide it among the 42 tribes of Kenya? So, you look at the Cabinet, the Principal Secretaries, diplomatic postings and State corporations; you subject all the appointments to the provisions of the Constitution. I have no doubt in my mind that Parliament has a role to play. I believe that the President did that. Hon. Ochieng has asked a very good question. Cabinet Secretaries are breaking the law. Nobody, including the Chief of Staff and Head of Public Service can break or contravene the Constitution. The Public Service Commission’s (PSC’s) role is very clear. As a Cabinet Secretary, you cannot establish a position when the law does not give you that power. You can also not transfer, promote or demote an office. In the presidential system that we have now; this is Government that we have now, the Accounting Officer and authorizing officer is the Principal Secretary. Cabinet Secretaries play the co- ordination role. They are like Chief Executive Officers (CEOs). Under our system, it is the Principal Secretary, in corroboration with the PSC, who can transfer, demote--- You cannot create positions or titles which are not in the Constitution. That is very clear."
}