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{
    "id": 461660,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/461660/?format=api",
    "text_counter": 217,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "this Committee and more so for the Chair who is a very close friend of mine. However, I was pleading with the Chair that we defer debate on this Motion so that a number of issues are addressed and especially if I could get a ruling from the Chair. Hon. Speaker, first of all, this report is so voluminous and important. I have looked at it. It is asking fundamental questions of integrity and chances are that money could be lost. Chances are that there is corruption. For a report like this, we need sufficient time to look at it because I checked this report briefly and I have my fears. I want to ask you to make a ruling. First of all, hon. Speaker, if you go to page 103 of the report, it makes a recommendation of: “Efforts will be made to amend Article 171 of the Constitution.” That actually surprised me a bit because if this House makes a resolution to amend a particular article of the Constitution, it is almost tantamount to amending the Constitution. Therefore, if we pass this report with such a provision the first question is: Are we going to pass it with a simple majority? The second question is: Are we going to pass it with two-third majority as is required by the Constitution? These are fundamental issues that this House needs to be alive to because if we just take a decision, we will take a decision on a matter that may be unconstitutional. Therefore, hon. Speaker, I just want two issues to be addressed. The first one is: If a ruling could be made, can this House recommend amending a provision of the Constitution through a Motion? I think that is fundamental. Number two; has this House had enough time to really engage with this report so that when we make a decision, it is right? Remember part of the recommendations of this report is even to change the Judicial Service Commission (JSC) Act. I know we have a lot of issues with JSC but these are issues that we need time on and I plead with hon. Keynan, who is my friend, to allow us to read it over the weekend. Let us have this report debated next week within which time we shall have had enough time to read it. Hon. Speaker, finally, you know both the Public Accounts Committee (PAC) and Public Investments Committee (PIC) are actually oversight committees that basically do postmortems and usually the law requires that the Auditor-General needs to audit some of the allegations and present an independent report. So, I expected to see that independent report attached. It is not there but I think the Committee can address that matter. Hon. Speaker, so, I am pleading that we defer debate on this Motion. Let us have it debated next week but also clarify whether this House can take a decision especially where we are recommending amendment to a constitutional provision. I thank the House for being quiet and listening to me."
}