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{
    "id": 460316,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/460316/?format=api",
    "text_counter": 136,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "did not seek the opinion of the State Law Office. More so, on the face of this Gazette Notice, there is no provision either in the Constitution or in the Lands Act which has been cited creating a position which does not exist; appointing a civil servant to a position in whose creation due process was not followed. So, on the face of it, the Committee on Delegated Legislation saw that it was irregular. The same Cabinet Secretary panicked and revoked the same Gazette Notice. We are not in a banana State. We are in a country where in 2010, a new Constitution was enacted. That today, you create an illegality and tomorrow you go and revoke the illegality, it is not allowed. That is not the Kenya of today. I am happy that the Committee, in its recommendation, has said that the advisory opinion of the Attorney-General’s office was not sought. Article 234 of the Constitution is very clear. It is this House that created the Public Service Commission (PSC). It is this House that vets the Commissioners of the PSC led by one Madam Kobia. The mandate of the PSC is in the Constitution. No Cabinet Secretary or anybody in the Executive, even the President, can usurp the powers of the PSC. This report has shown that the said Cabinet Secretary, apart from the powers given under Article 152 for Cabinet Secretaries, usurped the powers of the PSC. That is illegal and as a House, we will not allow it."
}