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{
    "id": 624427,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/624427/?format=api",
    "text_counter": 114,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Remember there are other functionaries who work under the President. Those are not presidents. Even as we comment on certain things, we must look at the document, if any, that has been proffered to the public. Does it have the President’s signature and his seal? This point was emphasised in the report by the Public Accounts Committee, then chaired by Hon. Ababu Namwamba, urging that the President must act in accordance with Article 135, every time he is performing a function that he is required to under the Constitution. Therefore, I suspect that we are now discussing a matter that has not yet happened because we have not seen anything that is in his seal and signature. Suffice to say, we live in interesting times when all manner of functionaries will make communications which could be casual. They could communicate administrative matters within the Executive and assume that it is the President’s communication. However, on a matter as serious as the one provided for in Article 168, it is clear and mandatory that the decision to set up a tribunal must be by the President and nobody else. Whether the Attorney-General, as principal adviser to Government as provided for in Article 156 (4) does or does not advise, the decision under Article 168 is the President’s. The Constitution understood that whoever is President understands what is required of him or her, whenever a decision is made by the Judicial Service Commission (JSC). Therefore, I do not think that there is any matter that I need to give guidance on, Hon. Linturi. As Hon. Midiwo and Hon. Chepkong’a have just confirmed, the information that we have is that a tribunal has been set up. The deadline for the setting up of the tribunal was midnight tonight. We are still within time. We could obviously get excited because we have seen certain communication from other places, but not communication from the President in terms of what the Constitution requires. Article 95 (5) about this House performing its oversight role and commencing the process of removing the President, Deputy President and other State officers - and they are very many - still rests with us. But the procedures must be followed through petitions, just like Hon. Chepkong’a has said. For now, until a petition is presented, I cannot make a determination as to whether there is any State officer who requires the attention of any of the Committees and, more particularly, the Committee chaired by Hon. Chepkong’a. For the time being, let us wait. Maybe, you could revisit this matter tomorrow morning, Hon. Linturi, if there will be communication as to the President’s decision in terms of Article 168 (5) of the Constitution."
}