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    "id": 42385,
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    "content": "Hon. Members, while we acknowledge that some Members of this Committee are Cabinet Ministers, it is worth noting that they were appointed by virtue of being Members of Parliament and not in their capacities as Cabinet Members to perform a specific constitutional duty for the Legislature and not the Executive (that is emphasized). By practice, Ministers have not normally served on Committees other than the Procedure and House Rules Committee; the Speaker’s Committee; the Committee on Privileges; and the Pensions Management Committee. However, we are aware that Ministers have served in the previous Parliamentary constitutional review committees where they did commendable work on behalf of the House. Thus, it is my considered view that notwithstanding the presence of Members of the Executive in the CIOC, this Committee has mandate and responsibilities as spelt out under Section 4 of the Sixth Schedule of the Constitution to ensure full implementation of the Constitution. In light of the above and with the concurrence of the HBC, I direct that the three nominees, namely, Dr. Willy Munywoki Mutunga for Chief Justice, Ms. Nancy Makokha Baraza for Deputy Chief Justice and Mr. Keriako Tobiko for Director of Public Prosecutions together with their curriculum vitae be referred to the CIOC for consideration. Given the provisions of Standing Order No.180 which allows public access to Committees’ proceedings and, in order to comply with the provisions of Article 73(2)(d) of the Constitution which underscores accountability to the public for decisions and actions taken, the Chair urges members of the public who may wish to submit memoranda to the Committee in respect of the three nominees to do so not later than Tuesday, 7th June, 2011. Due to the urgency of the matter, the Committee should table its recommendations in the House by Wednesday, 8th June, 2011."
}