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"content": "It is not possible to laugh like that in the Chamber. The Member may assume that he is in a constituency called Emurua Dikirr. Hon. Members, this Communication is by way of a corrigendum to the Message on the nomination of Justice David Kenani Maraga as Chief Justice of the Republic of Kenya. The Communication is to the correct the timelines contained in my Message delivered yesterday regarding the nomination of Justice David Kenani Maraga as Chief Justice of the Republic of Kenya. You will recall that I inferred that the seven-day notification period that ought to be given to the public for submission of memoranda should begin today and end on Tuesday, 11th October 2016. I have since scrutinised the timelines provided in Section 6(4) of the Public Appointments (Parliamentary Approval) Act, 2011 as read together with the provisions of Article 259(5)(a) of the Constitution of Kenya regarding calculation of time which states, and I quote, that:- “(5) In calculating time between two events for any purpose under this Constitution, if the time is expressed— (a) as days, the day on which the first event occurs shall be excluded, and the day by which the last event may occur shall be included;” Hon. Members, it is thus apparent that there needs to be an alignment between when notification was made to the public and when the Justice and Legal Affairs Committee can proceed to vet the nominee. The publication is the first event. I, therefore wish to clarify that the seven-day period starts counting from tomorrow as today, the date of publication, is excluded. Tomorrow, Thursday, 6th October 2016 is the start and ends on Wednesday, 12th October 2016. The Committee therefore, ought to make the necessary adjustments and proceed to conduct the vetting of the nominee on Thursday, 13th October 2016 and prepare a report for tabling in the House. Thereafter, the House should expedite the approval process. 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."
}