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"content": "Clause 46 of the Bill be amended− (a) by deleting paragraph (a) and substituting therefor the following new paragraph- “(a) in paragraph (1)− (i) by deleting the words “in consultation with the Prime Minister” appearing in the opening sentence; (ii) by deleting sub-paragraph (b); and, (iii) by deleting the proviso; (b) by deleting paragraph (b); (c) by deleting paragraph (c); (d) by deleting paragraph (d); (e) by deleting paragraph (g); (f) by deleting paragraph (h); (g) by deleting paragraph (i); and, (h) by deleting paragraph (k). The reason why we are proposing the amendment is that it is now not necessary to include the Office the Prime Minister because the Constitution does not recognise it at the moment. Number two, and why I wanted to strike a balance with Hon. Mwamkale, is that the issue of the Public Service Commission of Kenya (PSCK) injures Article 234 of the Constitution and it expressly excludes State officers from the authority of the PSCK. Therefore, the amendment as contained in the Bill, providing that a commissioner of the NLC shall be appointed by the PSCK, would be unconstitutional. That is why I wanted to strike a balance. I think the issue is now taken care of in this particular amendment."
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