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"speaker_name": "Hon. Ng’ongo",
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"legal_name": "John Mbadi Ng'ong'o",
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"content": "Thank you, hon. Speaker. Indeed, I had started contributing to this Motion. Let me just repeat that I support this Motion. I started by congratulating the Committee for the work that it did. Hon. Speaker, hon. Gitari and I had raised substantial issues regarding the manner in which the three Kenyans were either transferred or demoted in the Ministry of Lands. The law and the Constitution are very clear. The Land Registration Act is very clear on how to make appointments. The officers we are talking about, that is, the Director of Survey and the Deputy Director of Survey and Mr. Mabea were not junior officers in the Ministry of Lands. They were at the ranks of Job Group “T” and Job Group “R”. At that grade, it is clear from the procedures of the Public Service Commission that it must not only be involved, but must also participate fully in the appointment of these individuals. This country must be governed and guided by rules. I want to repeat that my objective of raising this issue was to protect innocent Kenyans who had arbitrarily been removed from office. This House has a duty to protect civil servants. If we are going to have a situation where after every five years civil servants are not secure in their jobs because they do not know who is going to be appointed a Cabinet Secretary or a Principal Secretary, we are not going to have a productive Civil Service or public service. Therefore, I am happy that the Committee found that the removal of one Boaz Owino and Mr. Murage from their respective positions of Director of Survey and Deputy Director of Survey and also the purported removal of Mr. Mabea was contrary to the law, that is, Articles 232 and 234 of the Constitution and even statutes. This should be a caution to other Cabinet Secretaries that they should operate within the law and that there should be thorough consultations. If these Ministries do not have strong legal departments then they should have them in order to advise the Cabinet Secretaries so that they make decisions that are within the law. It is a shame that the Cabinet Secretary can blatantly and without due regard to the law break the law of this country. I am happy that we brought this matter up and it is going to protect these Kenyans who did not have a voice to stop their transfers which were done without any due regard to the law. 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."
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