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"id": 757546,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/757546/?format=api",
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"type": "speech",
"speaker_name": "Hon. Katoo",
"speaker_title": "",
"speaker": {
"id": 199,
"legal_name": "Judah Katoo Ole-Metito",
"slug": "judah-ole-metito"
},
"content": "Article 249(2) of the Constitution talks of commissions and holders of independent offices. The Independent Electoral and Boundaries Commission (IEBC) is a commission and an independent office and that is why it is called so. Article 249(2) states that commissions and independent offices are only subject to the Constitution and that they are not subject to the direction or control of any organ or authority. If we want to uphold this Constitution as is stipulated in Article 249(3)… My good friends on the other side are celebrating the fact that the Constitution was defended by the decision of the Supreme Court - we should not try to control and gag commissions and independent offices but respect them. As has been said by a previous speaker, the Supreme Court did not find any individual… There was a prayer by the Petitioners - which was dismissed - that those found criminally culpable be charged. The Supreme Court dismissed that prayer because it did not find anyone criminally liable to the alleged illegalities and irregularities. This is the first time an offence was committed, as said by the Supreme Court, but there was no offender. It was very clear that an offence was committed, but the Supreme Court could not find who committed the offence. In respect of commissions and independent offices, this culture of forcing people out of offices as established by the Constitution must stop. Just imagine if demonstrations are held out there with the sole objective of ensuring that all Members of this august House resign and you know very well that you were democratically and constitutionally elected! I am very sure that you would all be united without party boundaries to defend your positions. Therefore, we should apply the same to other Kenyans holding independent and constitutional offices."
}