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{
    "id": 595912,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/595912/?format=api",
    "text_counter": 242,
    "type": "speech",
    "speaker_name": "Hon. Ogalo",
    "speaker_title": "",
    "speaker": {
        "id": 2679,
        "legal_name": "George Oner Ogalo",
        "slug": "george-oner-ogalo"
    },
    "content": "However, I do not want to let this Commission off the hook. They have been in office since 2013 and they knew that there had been a vacancy. They knew that a member of the Commission had died but they did not see why that person, who was the Vice-Chairperson of that Commission, should be replaced. It would be immoral to pile pressure on a Commissioner who is sick instead of replacing a Commissioner who is already dead. It sounds immoral. I believe that this Report has indicated that there was loss of communication between the Commission and the Commissioner. Looking at the chronology of events cited in the letters, it is clear that the Commissioners tried as much as possible to accommodate the Commissioner. It would be unfair to accuse the Commission of high handedness when they had gone a step further to request the Commissioner to retire so that he could get his full benefits and gratuity. How else is he benefitting by being there now? The sick leave is over and he is not earning any salary. It is in order that we allow the process of the law to take its course. Article 251 of the Constitution says that a tribunal can be appointed to investigate the matter. Parliament does not have the capacity to determine anyone’s medical condition. However, if you look at the tribunal proposed in the Constitution, you will find that one of the members of that tribunal will be somebody who is well versed on the grounds which a person is being investigated or discussed. Because we are talking about physical incapacity, I assume that one of the members of the tribunal will be a medical doctor. If it finds the ground not sufficient, then the tribunal will write a report that it is not sufficient and the Commissioner will go back to work. The Government has staff rules and regulations which state that you still earn full salary when you fall sick. Subsequently, for a number of months you will get half salary and after that you get nil salary. Those are standard procedures. We are discussing this because he is a Commissioner who cannot be laid off like that. There are many Kenyans who get laid off just by the implementation of these staff rules and regulation on medical ground. Therefore, I would like to appeal to the House to allow the process to continue and articles of the Constitution to be implemented. The tribunal will be set up and we will see the report the tribunal will come up with and what the President will decide. He can act on the Report of the tribunal."
}