Entry Instance

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{
    "id": 868261,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/868261/?format=api",
    "text_counter": 29,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "1. That, he received Kshs10 million as bribe to fraudulently conspire with another Commissioner to disposes Sayani Investments lease for the land on which Caxton House in Nairobi sits, and granted a lease to Sadhani Limited and Keibukwo Investments Limited; and 2. That, in collaboration with other Commissioners, he aided in the irregular payment of compensation for SGR land, including parcels whose title deeds had been revoked, hence occasioning loss of public funds. The Petitioners, therefore, pray that the National Assembly considers those Petitions and accordingly makes findings, and that they disclose grounds under Article 251(1) of the Constitution for the removal from the NLC, of Prof. Muhammad Abdalla Swazuri, Chairperson; Ms. Abigael Mbagaya Mukolwe, Vice Chairperson; and Mr. Isaiah Clement Lenachuru, Commissioner. Ordinarily, I would refer the Petition to the Departmental Committee on Lands for consideration in accordance with the provisions of Standing Order No.230 which provides that: “230. (4) Upon receipt of a petition under paragraph (3), the relevant Departmental Committee shall investigate the matter and shall, within fourteen days, report to the House whether the petition discloses grounds for removal under Article 251(a) of the Constitution. (1) The House shall, within ten days of tabling of the report of the Committee under paragraph (4) resolve whether or not the petition discloses grounds for removal under Article 251(a) of the Constitution.” Standing Order No. 230 thus avails to the House a maximum period of twenty-four days to consider and dispose of a Petition for removal of a holder of a constitutional commission office or independent office. Suffice to say that, if this Petition is committed to a Departmental Committee today, the Committee would be expected to report to the House on or before 26th February 2019, for the latter to make a resolution on the matter, by 8th March 2019. However, the timing of the Petition presents a major challenge to the House in relation to the term of office of the respondents in the Petitions. Article 250 of the Constitution on composition, appointment and terms of office for commissioners of constitutional commissions and holders of independent offices provides that: “250 (6) A member of a commission, or holder of an independent office – (a) unless ex officio, shall be appointed for a single term of six years and is not eligible for re-appointment.” For avoidance of doubt, may I remind the House and the general public that the current Commissioners of the National Land Commission (NLC) were appointed to office on 20th February 2013 through Kenya Gazette Notice No. 2224 for the Chairperson and No. 225 for Commissioners. In the terms contemplated under Article 250(6) of the Constitution, the term of the subsisting Commission is therefore set to lapse on or around 19th February 2019 that is Tuesday, next week."
}