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{
    "id": 459597,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/459597/?format=api",
    "text_counter": 146,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "The named Commissioners were invited to appear before the Committee or make representations as they deemed fit in accordance with Article 125 of the Constitution. They made attempt to send counsel we have a lot of respect for. As you are aware, that counsel was the former Chair of Departmental Committee on Justice and Legal Affairs of this House. We did, of course, graciously inform him that he was aware, as the former Chairman that he would not have allowed anyone to appear who has been invited to make personal representation because those were disciplinary proceedings and he could not hold brief for them. Hon. Speaker, Sir, we informed him that we have no problem with him appearing, but he must appear with the persons who have been invited to come. We found their non- attendance in breach of Article 125 of the Constitution, the ruling of this House, which has neither been reviewed nor appealled against. It is binding on all the Members of Parliament and Committees. We were bound by that ruling. Consequently, we found that the conduct of the named Commissioners was in contempt of the Committee of the National Assembly, an act of insubordination and lack of courtesy. Consequently, the Committee found that this amounted to gross misconduct on the part of the named Commissioners. Just failing to attend to a Committee is a very serious matter. We cannot even say much about this because they know it. These are members of the Judiciary and they know the law. They can read it for themselves and so, in accordance with your own ruling of 16th October, any person that fails to appear is in contempt of this House and therefore, is acting in gross insubordination. Therefore, non-attendance consequences will apply as required under Chapter 6 of the Constitution. In conclusion, the Committee reports to the House that the petition discloses grounds for removal of the following members of the Commission:- Ahmednasir Abdullahi, Reverend (Dr.) Samuel Kobia, Prof. Christine Mango, Mohammed Warsame, Emily Ominde and Florence Mwangangi and recommends to the House as follows:- (a) That the House resolves that the petitions herein, together with the materials in support thereof be sent to His Excellency the President pursuant to Article 251 of the Constitution; (b) That the House resolves that His Excellency the President appoints a tribunal to deal with the matter in accordance with Article 251(5) of the Constitution; (c) That considering the matters to which the petition herein relates, the House resolves that His Excellency the President suspends the Commissioners herein pending the determination of the tribunal. As I conclude, I would like to quote from John Maxwell’s book in which he said, “Nobody says that good decisions are always simple, but they are necessary for success”. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}