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{
    "id": 880808,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/880808/?format=api",
    "text_counter": 197,
    "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": "What this Report is trying to do is not removing. When we pronounce ourselves on it today, the commissioners will not vacate office tomorrow but we will have complied with Article 95. We will have initiated the process. I do not think that there is anyone who is in doubt that we need to initiate that process. So, that distinction is important. We are initiating that process. After this House has pronounced itself on that matter, two things could happen. Either, the commissioners themselves will see that if Parliament that represents Kenyans can pronounce itself in such a manner, then it means that Kenyans have lost faith in us. So, let us vacate office voluntary. That is what the Report speaks to or, if they do not, then any Kenyan can petition this House or any Member and among other issues, this House will also use that Report. That is a different process that does not depend on us. It will come to us and if we are satisfied on what the lawyers call a prima facie basis, we will transmit it to the President who will appoint a tribunal to look into the merits. That will not be for us. Thirdly, it is important to also bear in mind provisions of Article 73 of our Constitution. This is an Article that sometimes people overlook, yet it is very fundamental. It talks of State officers and their responsibility. Article 73 (1) says: “Authority assigned to a State officer – (a) is a public trust to be exercised in a manner that – (i) is consistent with the purposes and objects of the Constitution; (ii) demonstrate respect for the people; (iii)brings honour to the nation and dignity to the office; and (iv) promotes public confidence in the integrity of the office.” As long as the confidence and trust Kenyans have in you or any State officer is lost, you are no longer fit to hold that office. The question will be how we measure that confidence. Because the Constitution does not say how we measure it and because there is no legislation that says how we measure it, we must resort to the only other measures that we know. The only measure of knowing what the views of Kenyans are on any matter is in this House because we are the elected representatives. We cannot call all Kenyans. If this House passes a Motion that says we have lost public trust, then surely you have lost it. How then will we pass that kind of matter if we do not debate? If the Leader of the Majority Party says you cannot even imagine that discussion, it is also important to note the provisions of Article 251. I was privileged to be among those who wrote this Constitution. We contemplated a situation where there is a commissioner who has 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."
}