Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 454310,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/454310/?format=api",
    "text_counter": 271,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Hon. Speaker, I rise on a point of order, pursuant to Standing Order No.107 on the question of correctness of facts. Justice Mumbi Ngugi, first and foremost, was not part of the Selection Panel. Secondly, and that is why we have said court orders, at times, are faulty, she has not even told us where she got these names which she purports to have lifted from the Selection Panel. The documents that were availed to this Committee from the Selection Panel do not contain the name of Suyianka Lempaa. Thirdly, the question as to whether Suyianka Lempaa had been properly nominated was not a judicial issue in those particular proceedings. The question at that time was that the minorities and people with disabilities had been left out. In fact, the decision or what we normally refer to in law as ratio decidendi of the court was that you look at Article 15 holistically and see whether all those minorities and people with disabilities have been taken into account in all the commissions that fall within Chapter 15. That matter was never brought before the presiding judge. The judge said in a decision that, since the matter was not pleaded, she could not, therefore, decide whether people with disabilities were all represented. That is because they never took into account all the Chapter 15 commissions in their pleadings. So, the question of Suyianka Lempaa was not a matter in contention; neither was it something that was to be decided upon. So, the documents that the Committee was working on are the documents that were forwarded by His Excellency the President. So, we are working on those documents that were forwarded by the President from the Selection Panel and so, the Committee is saying that there is already an established precedent in this House which is binding upon hon. (Maj.-Gen.) Nkaissery himself and he must go by it. That, if someone has not been recommended by the Selection Panel, then there is no business of that person being approved for appointment by the President. Thank you, hon. Speaker."
}