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{
    "id": 732327,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/732327/?format=api",
    "text_counter": 101,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "during the Committee‘s consideration of a petition by one Mr. Emmanuel Mwagambo Mwagonah for the removal of Mr. Edward Ouko as the Auditor-General of the Republic. It will be recalled that I committed the Petition to the Committee on 16th February 2017 for their consideration as required under Standing Order No. 230(4). In accordance with the provisions of Standing Order No. 230(4), the Committee had fourteen days (14) within which to conclude consideration of the Petition and submit a report to the House containing its findings and recommendation or recommendations. Hon. Members, the Chairman did inform the House that the Committee commenced its sittings on 21st February 2017 and had since heard representations from a number of persons including, the following: 1. Mr. Emmanuel Mwagambo, the Petitioner; 2. Mr. Edward Ouko, the Auditor-General; 3. The Clerk of the National Assembly; 4. The Chief of Staff and Head of Public Service; 5. The National Integrity Alliance; 6. The Institute of Certified Public Secretaries of Kenya; 7. Mr. Benjamin Ndolo; 8. The Ethics and Anti-Corruption Commission; and, 9. The Director of Public Prosecutions. Hon. Members, the Chairman further reminded the House that upon realising that the matter was quite weighty and required additional time to examine, the House, by a resolution met on 1st March 2017, granted the Committee a further 21 days with effect from 2nd March 2017. Within that period the Committee should conclude the hearing of the grounds of the Petition. The Chairperson also informed the House that on 13th March 2017, the High Court issued conservatory orders restraining the Committee from further proceeding with the Petition pending the hearing and determination of a case filed by one Mr. Okiya Okoiti Omtatah, being High Court Petition No. 62 of 2017, which the Petitioner is Okiya Okoiti Omtatah versus the National Assembly of Kenya and three others. I will refer to it as the Omtatah Case for the remainder of this Communication. Mr. Omtatah had contended, amongst others, that the matters raised in the Petition had been addressed by competent offices mandated in law to investigate the matter. Therefore, by considering the Petition, the National Assembly will be usurping the powers of those agencies. The House was informed that the conservatory order was issued by Justice E. Chacha Mwita restraining the Committee from further proceeding with the Petition and the National Assembly from acting on any recommendation made by the Committee pending the hearing and determination of the case. The Court also stated that the Omtatah Case will be coming for hearing on 10th April, 2017. Hon. Members, the Chairman further informed the House that on 14th March 2017, Justice George Odunga granted similar conservatory orders in a second case filed by Mr. Edward Ouko himself, being Judicial Review Application No. 108 of 2017, in which the parties were Mr. Edward Ouko versus the National Assembly of Kenya and others, and has been fixed for hearing on 15th May 2017. In this regard, on 14th March 2017, upon deliberation of these developments, the Committee resolved to suspend all scheduled meetings relating to the Petition as ordered by the courts and sought the guidance of the Speaker and/or the House. The Committee also resolved to 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."
}