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"speaker_name": "Hon. Kajwang’",
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"legal_name": "Tom Joseph Kajwang'",
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"content": "On a point of order, Hon. Speaker. I think the mood of the House is that you put the Question but as you do that, let me add my voice. Hon. Speaker, you have ruled on this issue before because I remember several communications from the Chair. You know law is interesting and that is why this Constitution which was done by my friend, Otiende Amollo and others, allowed Kenyans including courts of law and anybody else who is able to read such as Okiya Omutatah, to interpret it their own way. The only provision which you have referred to in the past that has not gone in the HANSARD today is Chapter Fifteen of the Constitution on Commissions and Independent Offices in Article 248. It begins with good words but the key words in 248(1) state thus: “(1) This Chapter applies to the commissions specified in clause (2) and the independent offices specified in clause (3), except to the extent that this Constitution provides therwise.” In the 10 commissions, members serve a single term of six years and one is not eligible for reappointment. But Article 127 provides otherwise because Article 127(4) provides a term of five years. A question can be whether we are talking about only the term and not the qualification for eligibility. But, the way in which Article 127(6) has been worded the question of a single term is conjoined with the qualification of eligibility. Therefore, Article 127(4) talks about a term of five years, which we just have to live with, in my view, that it is the extent to which this Constitution provides otherwise. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}