Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 711301,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/711301/?format=api",
    "text_counter": 97,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(iii) The need for the affected Member to be afforded a practical and fair hearing within the parliamentary party set-up by his or her parliamentary party. Hon. Members, you may also recall that this is not the first time that Parliament is being faced with the issue of discharge from committee membership. Indeed, as I indicated in a Communication on 14th April, 2016, the Tenth Parliament was severally confronted by a similar issue. Notably, the Departmental Committee on Justice and Legal Affairs, then chaired by Hon. Ababu Namwamba, MP, remained moribund for more than one year as one of the coalition partners attempted to de-whip its Members from the Committee. The then Speaker, Hon. Marende, noted that he could not effect the discharge as the Standing Orders were silent on the matter. The then Standing Order No. 176 provided that, and I quote: “ A vacant position occasioned by the resignation, removal, or appointment of a Member to the Government shall be filled within seven days after the National Assembly next meets.” The ensuing disagreements saw the mandate of the Committee being taken over by the Constitutional Implementation Oversight Committee, then chaired by Hon. Abdikadir Mohamed. I am sure the matter is very fresh to Members who served in the House then. To demonstrate the active debate that ensued, the HANSARD records shows that on 27th October, 2011, the then Leader of Government Business who was also the Vice-President and Minister for Home Affairs was taken to task by the then nominated Member, the Hon. Shebesh to explain why he had not effected the removal of certain Members from the Departmental Committee on Justice and Legal Affairs following her party’s decision. In the debate, the then Member for Chepalungu, the Hon. Isaac Ruto contended that since the Standing Orders did not define what comprised the removal process, or who was to commence or effect the removal, the Leader of Government Business had no authority to remove any Member from a Committee. Hon. Members, in the subsequent review of the Standing Orders, records indicate that the House was unanimous in passing the new provision giving parties powers to remove individual Members in Committees and replace them as in other multi-party jurisdictions. The Deputy Leader of the Minority Party, Hon. Midiwo, may recall the push for change of the rules to empower parties to discharge their Members from Committees which he fervently spearheaded together with the then Member for Gichugu, Hon. Martha Karua. Hon. Members, in parliamentary practice, party discipline is integral in the management of parliamentary party affairs and whips play an important role. For votes on key issues, it is imperative for the Majority Party and the Minority Party to maximize the turnout of their Members. As such, the whips try to ensure that every Member from their party turns out to vote. The duties of whips include keeping Members and peers informed of forthcoming parliamentary business, maintaining the party's voting strength by ensuring Members attend important debates and support their party in parliamentary divisions, passing on to the party leadership the opinions of Members and ensuring party discipline. Party discipline is a mechanism, political parties use to keep their Members functioning as a cohesive group rather than as an informal collection of individuals. It encourages party loyalty among Members who may be tempted to act individually. The question that arises with regard to the current concerns raised by the House is: To what 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."
}