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{
    "id": 642219,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/642219/?format=api",
    "text_counter": 11,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "and listed under Article 248 (2) and (3) of the Constitution, respectively. In his submissions, Hon. Gumbo underscored that the reports contain matters that concern the people of Kenya and that in keeping with the mandate of the National Assembly, we deliberate and resolve such issues as envisaged under Article 95(2) of the Constitution and there is need for direction on how to deal with such reports. Hon. Gumbo added that whereas the Constitution provides that such reports ought to be tabled, it is silent on how the House should express itself on the same reports and the manner in which such reports ought to be considered. Hon. Members, the matter of accountability raised by Eng. Gumbo resonates well with the spirit of the Constitution of Kenya, which sets high benchmarks for financial probity, accountability and transparency. Indeed, Article 254(1) of the Constitution obligates constitutional commissions and independent offices to submit their annual reports to the President and Parliament. As a matter of fact, the constitutional commissions and independent offices occupy a central role in architecture of governments. Indeed, Article 249(1) of the Constitution envisions the objects of those commissions and independent offices as being to protect the sovereignty of the people; secure the observance by all state organs of democratic values and principles, and promote constitutionalism. On reflection on the weighty nature and the spirit and intent by which constitutional commissions and independent offices are anchored in the Constitution, I agree with Hon. Gumbo that reports generated and presented to Parliament by these bodies ought not to be wished away. There is, indeed, an urgent necessity to put in place a framework on how to consider such reports. Hon. Members, the Constitution is alive to the fact that Parliament, as the representative institution in democratic governance is responsible for, and must at all times pronounce itself on any matter(s) as and whenever submitted to the House. Whereas Article 254(1) of the Constitution is silent on how Parliament should address itself to the reports submitted by constitutional commissions and independent offices, the manner of consideration and the timeline within which consideration of such reports should be concluded, a parallel can be drawn from the provisions relating to consideration of other forms of reports submitted to Parliament, particularly audit reports such as the ones that have been tabled by the Leader of the Majority Party. Article 229 of the Constitution states: “Within three months after receiving an audit report, Parliament or the county assembly shall debate and consider the report and take appropriate action.” On the same thread, Hon. Members, it has been the practice of this House that whenever a report(s) is tabled before the House, the Speaker has either outright or on discretion referred the report to a relevant Committee of the House for consideration. Thereafter, the House has always considered the report of that Committee in light of the observations and/or recommendation(s) of the Committee to which the matter was delegated. It is on this backdrop that even though Article 229 of the Constitution does not expressly commit financial reports presented to Parliament by the Auditor-General to the Public Accounts Committee (PAC) for consideration, the Committee continues to dutifully scrutinize the said reports on behalf of the House as and when referred to the Committee. In view of the foregoing, annual reports submitted by constitutional commissions and independent offices undoubtedly require thorough scrutiny by the House. If I were to invoke the 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."
}