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{
    "id": 403068,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/403068/?format=api",
    "text_counter": 350,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Article 246 of the Constitution, clearly, defines the functions of the Commission to include recruitment and appointment of persons to hold or act in offices in the service, confirming the same appointments and determining promotions and transfers within NPS as well as observing due process and exercise disciplinary control. These provisions are clearly about human resource matters. So, what are we doing? Once we pass this amendment, we will be limiting the work of NPSC as clearly defined and provided for in the commission and subjecting the commission not only to the Inspector-General Police, but also to the Cabinet Secretary. Hon. Temporary Deputy Speaker, that will be clear interference from the Executive, which is not envisaged in the Constitution. There is no pretence about it. Just by reading the Memorandum of Objects and the reasons of this Bill, it would make us throw it away. One of the objects of the Bill is to provide for the limits of the commission while undertaking its functions. It also provides that the commission shall not undertake investigations on criminal matters. You cannot, through legislation, limit the functions of the commission, unless you want to introduce an amendment to the Constitution through the backdoor, through legislation. Where on earth have we ever set the limit of the number of meetings that a commission needs to hold in a year? You cannot do such a thing. Further, the drafters of the Bill are cunning because they say that it provides for consultations between the Inspector-General and the Cabinet Secretary while dealing with the human resource function. It is not consultations. If you read what the Bill seeks to do, you will appreciate that it is subjecting the commission to the recommendation of the Inspector-General and the Cabinet Secretary. Actually, it says: “---and approval of the Cabinet Secretary.” This amendment is not definite. It is calling for approval of the Cabinet Secretary in order for the commission to discharge its functions. This amendment is absurd. This House cannot approve it. Hon. Temporary Deputy Speaker, this House has passed legislations here in the past, which this country has even called upon the President not to assent to. Even Members of this House are on record calling the President not to assent to them. I have restrained myself from doing so because I know that, as a Member of Parliament, it is not right for me to go out there and call upon the President not to assent to a Bill I have participated in passing. Even if you were absent when the Bill was passed, no one knows that fact. You take collective responsibility. This should not be one of those Bills that we are going to call upon the President not to assent to. We have done it with the VAT Bill, we have done it now with the Media Council Bill and now we want to repeat it?"
}