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{
    "id": 880774,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/880774/?format=api",
    "text_counter": 163,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Hon. Speaker, I have read the Report and I am going to prosecute my argument. Article 251 of the Constitution provides for the procedure and grounds for removal from office of members of independent offices and constitutional commissions such as the IEBC. Such removal is initiated by a petition to the National Assembly setting out the grounds for the intended removal from office of a commissioner. Action starts if the Assembly is satisfied by the grounds in the petition. There must be gross violation of the Constitution. If the House is satisfied, it sends the same to the President, who in turn is required to form a tribunal to investigate the matter and make an appropriate report to the President. The tribunal will make a report to the President. The grounds for removal of a commissioner from office are as follows: (a) serious violation of this Constitution or any other law, including a contravention of Chapter Six; (b) gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise; (c) physical or mental incapacity to perform the functions of office; (d) incompetence; or (e) bankruptcy. By calling for removal of commissioners and officers from office through this Report in a manner not contemplated in the Constitution, more so Article 251, the PAC has, in my opinion, failed to appreciate the provisions of Article 251 of the Constitution, particularly the procedure set out thereof. Thus, any resolution by the House as proposed in this Report regarding the removal of the commissioners will be of no effect whatsoever. It will be of no effect even if we pass it because it contravenes the Constitution. The House will thus be acting in vain on this matter. With respect to the members of staff of the IEBC, Section 11 of the Independent Electoral and Boundaries Commission Act of 2011, which this House has passed, empowers the commission to employ officers necessary for the performance of its functions. The removal from office of such officers is the prerogative of the IEBC. That power lies with the IEBC, their employer. The House is thus being called to pass a resolution on a matter which falls outside the mandate of this House. Our Standing Orders, in particular Standing Order No.230, prescribe the form of a petition for the removal of a constitutional commission. It includes grounds for removal of such office holders, and the violations must be stated with precision. 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."
}