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{
    "id": 821636,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/821636/?format=api",
    "text_counter": 238,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr.) Otiende Amollo",
    "speaker": {
        "id": 13465,
        "legal_name": "Paul Otiende Amollo",
        "slug": "paul-otiende-amollo"
    },
    "content": " Thank you, Hon. Speaker. Mine is an intervention. It is a fundamental intervention that goes beyond the names proposed here. I rise under Standing Order 47(3) in terms of the constitutionality of the proposed Motion as read with Section 7 of the Public Appointments (Parliamentary Approval) Act. Under Article 94(4), the fundamental role of this House, as a House of Parliament, is to protect the Constitution and promote democratic governance. It, therefore, takes us to Section 9 of the National Gender and Equality Commission Act that talks to appointment of commissioners, which is well cited by the Committee. It states that there shall be a chair and four commissioners appointed in accordance with the Constitution and the Act. Article 27(8) requires this House, in accordance with its mandate, to ensure that there is no more than two-thirds of either gender in appointive positions. The position must be taken. Let us take judicial notice that there are already two very able serving commissioners both of whom are ladies. There is Dr. Gumato Ukur, a very able commissioner, and Florence Nyokabi Wachira, a very able commissioner. What that means, in my understanding, is that in this instant appointment, we have to appoint only one lady and two men. Unfortunately, the Chair - and I sympathise with him - says that he notices that point and says that we should remedy it in future. What he is saying is that we should breach the Constitution now so that the appointing authority can remedy in November. That cannot be. If this House, which should uphold democratic values breaches that, then, even those who stand for firm gender equality will suffer when in other institutions they put more men than ladies. In my understanding, if you have to have five 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."
}