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{
    "id": 492893,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/492893/?format=api",
    "text_counter": 200,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "ought to be targeted at somebody like Mr. Charles Nyachae. We need to begin interrogating the sources of that money. We need to focus on the functions that these commissions perform. We pushed the constitutional timelines for legislating constitutional Bills by nine months, a short while before we went on recess. Even after that happened, Mr. Charles Nyachae and CIC are busy talking about everything as if they are the oracles of law in this country. As hon. Sakaja said, anybody who is a well meaning Kenyan can read the Constitution and understand it. Let me remind those who care to read the Constitution about the provisions of Article 124(1) which hon. Speaker has read. It is on the power of this House to establish committees and decide their procedures. It is a constitutional power, it is already implemented and there is nothing you can do about it. After Article 124(1), let me refer those who care to listen to Article 125 of the Constitution. Again, it is the power of this House to summon anyone to the House or to the Committees of this House. I do not know why somebody would advise a Cabinet Secretary not to come to the House. If any Cabinet Secretary is taking that advice, then let me remind the Cabinet Secretaries of the provisions of law under which they are appointed. In fact, none of them would sit there without the approval of this House. For avoidance of doubt, these are our appointees who again we oversee under Article 95. It will be made clearer that Article 125 enables us to summon them. I want to beg the Cabinet Secretaries outside there not to put us in a situation where we are summoning them by way of censure. That is not the direction as a leadership of the country you want to take. Let nobody mislead any Cabinet Secretary on a directive coming from anywhere. Finally, let us all read Article 150(3) which you read a short while ago. This is the obligation of the Cabinet Secretaries and these other State Officers to attend the House when summoned, and of course the compulsory tone of those provisions is there. I do not know what happens, but I am seriously thinking that going forward - this is not debatable - we are going to expect Cabinet Secretaries to be coming. Going forward, I am thinking very hard about the need for security of tenure for the Office of the Attorney General. I know Prof. Githu Muigai, our Attorney General very well, he taught me law. Some of the things he says make me question what has become of the professor. I think the idea that the professor is not secured in his tenure could be a problem. We need to begin thinking whether it is the Attorney General who needs security of tenure, so that he can give independent and impartial advice to the Executive or it is the Director of Public Prosecution or both. We need security of tenure for the office of the Attorney General, my former teacher Prof. Githu Muigai. That gentleman is sharp, competent and erudite. You saw him in the International Criminal Court. He taught us professional ethics, criminal practice and other subjects. We were so proud. It was not new to us, but the idea that Prof. Githu Muigai could be giving these unconstitutional interpretations of the law is worrying. I think we should do something to secure him properly. With those many remarks I would urge that we insist on proceeding in the manner we have established as a House. This is the best thing in terms of saving time. In fact, most of these questions we keep asking and going over and over and are cross-cutting; we can identify them and resolve them at once. Most importantly for the Jubilee Government, much as you are doing well, you need to exploit these platforms we create 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."
}