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"id": 772450,
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"speaker_name": "Hon. Speaker",
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"content": "mandate, particularly with regard to terms, do not operate in the same way as the rest of the Chapter 15 commissions, except the non-Member of Parliament, Commissioners of the PSC and the non-lawyer Commissioners in the JSC, who are appointed for six years non-renewable. On the point you have raised about approval of commissioners of the independent commissions by the National Assembly there is a specific requirement but if you read Article 127 of the Constitution, it talks about appointment by Parliament. According to Article 94, Parliament includes the duality of the National Assembly and the Senate. So, we are within the Constitution to have the approval of the nominees by both Houses. In any event, the Commissioners approved by both Houses or even by this House will serve Members of both Houses. It is only fair in keeping with the need for committee between the two Houses to have the nominees approved by both Houses. Therefore, I see no contradiction in the method of approval. Hon. Maanzo, you were in the 11th Parliament and you served the people of Makueni very well. They decided to renew your mandate. It is they who are the voters. Similarly, in this process, the membership here and in the Senate is the voters who do the approvals. So, it is not inconsistent with the Constitution for a Member of either House going through the process of their parties – which is the other issue which you wanted to raise – to be nominated but ultimately it is the two Houses that will decide who becomes the Commissioner. It is not fair for me to, at this point, make a ruling as to the eligibility or ineligibility of a Member merely because they may have served in the previous Commission. Indeed, it has also not been our practice. During the 10th Parliament, Hon. Keynan was a Commissioner. When it came to the 11th Parliament, the two Houses appointed and approved him to continue to serve as a Commissioner. However, in both occasions, he took a fresh oath just like you did as MPs when you were re-elected. It would be unfair and unnecessary for me to make a determination as to the eligibility or ineligibility of a Member who has served as Commissioner during the 11th Parliament, if the Member is nominated to serve as Commissioner during the 12th Parliament. We will proceed. That matter will rest at that point. In the event somebody feels that that determination is not proper, they have the recourse of going to the High Court. As of now, it is over. Let us proceed."
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