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{
    "id": 540983,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/540983/?format=api",
    "text_counter": 196,
    "type": "speech",
    "speaker_name": "Hon. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": "Even though the issue that we are going to deal with in Recommendation Nos. 1. 2 and 3 directly relate to the Petition, and when we will argue over the Petition, we will argue over whether it has merit or not. After dealing with that, there is information that has come to this National Assembly, whether in plenary or in committee, that the House cannot close its eyes to. If we close our eyes to it, the public will not close their eyes to it. They know that Integrity Centre has gone. It has been grabbed by somebody. They will know that Integrity Centre, which was used to protect the depositors of the collapsed Trade Bank, is gone to an individual and his wife for a song. There is no money at all that was given to the Deposit Protection Fund. These are issues over which the House, whether on a Petition or no Petition, under Articles 94 and 95 has the authority and oversight role. Listening to the Leader of the Minority Party, he asked: “Do we have rules in the Standing Orders by which we are able to go beyond what has been disclosed in the Petition?” He cites Articles 252 and 253. You will see that the Standing Orders that we have, have not fully stated how for example this House can discharge its mandate under Article 95 (5) which says:- “The National Assembly- (a) reviews the conduct in office of the President, the Deputy President and other State officers and initiates the process of removing them from the office; and (b) exercises oversight of State Organs”. If we had a problem as we may, with a State officer how, under the Standing Orders, are we able to deal with that State officer? This is why when there was a Petition before us against the Attorney General, we found out that there was no provision in the Office of the Attorney General Act that says how he can be removed from office. Secondly, when we had a judge in the Judicial Service Commission (JSC), we found out that there was no legislative provision in the Standing Orders or in the law under which we could remove the member of the JSC. But will this House stop functioning under Articles 94, 95 and 96 just because there is no legislation and the Constitution has expressly provided for that order? So, hon. Speaker, when we come before the House to ventilate issues, we must come in the spirit of the Constitution, because that alone is the supreme document. Legislation is done in the House. Rules are done in the House. The Constitution itself says that we should not emphasise procedure over substance. If the Constitution does that, I want to submit that even though the hon. Leader of the Majority Party has eloquently tried to find out how unconstitutional or how illegal this amendment is, when viewed against the provisions of the Constitution, hon. Maanzo is perfectly in order to raise a matter that is related to the oversight of these institutions."
}