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{
    "id": 880775,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/880775/?format=api",
    "text_counter": 164,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "I now invite myself to ask the following questions, which you must address: Did the Committee examine a petition under Article 251 of the Constitution and Standing Order No.230 and make a determination that there are grounds for removal of the IEBC commissioners? The answer is “No”. Did the Committee conduct quasi-judicial proceedings prior to arriving at the answers? The answer is “No”. Assuming that the recommendations were to stand and the Report adopted, the implication of this could be anyone to come up with allegations and remove officers from office tomorrow. I want to make it very clear that if we agree and adopt the Report, the implications are so grave. Anyone could file a petition for removal of commissioners tomorrow and we consider it as a House. The House cannot behave like that. The House cannot create a Report that would lay the ground for other people to bring a petition for removal of an independent commissioner from office and the same House deals with the matter. This could, in effect, turn the House into a House of petitioners, noting that petitions could be informed by Reports and judges as well. So, we will be the ones creating the ground for filing petitions and then becoming the judges. The Committee of this House could be considering the petition for removal of people from office. The only person known to wear a hat of a prosecutor and a judge – you can ask any learned friend because I am not one even though I am a lawmaker in this House – are the owners of cattle dips where I come from. The owners of cattle dips in the village I come from once in a while petition against the management of a cattle dip to make a determination on which villager should be excluded from taking their cattle to the cattle dip. That way, they act as judges. That is only found amongst the people who deal with cows in my constituency. In this regard, the findings of the Committee do not only offend the provisions of Article 251 of the Constitution but will, if adopted, also lead to an absurd, ridiculous, illogical, strange, odd and bizarre results that cannot be implemented. When you say that commissioner so-and-so must leave yet the appropriate procedure is found in Article 251, when this House adopts the Report, will the PAC go to the IEBC and remove the Chairman from office? No. The procedure of his removal is well contemplated in Article 251 of the Constitution. It is on this basis that I invite you, as our Speaker, in accordance with the provisions of Standing Order No. 47(3) to find that the Report, in particular the findings of the Committee on pages 7 and 130, is inadmissible as it is contrary to the Constitution, more so Article 251, based on how commissioners of independent offices can be removed. This House cannot be used and shall not be used to violate a Constitution that each one of us swore to protect, defend and preserve. I rest my case. I need a Communication from you before we continue with the debate of PAC."
}