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{
    "id": 880845,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/880845/?format=api",
    "text_counter": 234,
    "type": "speech",
    "speaker_name": "Suba South, ODM",
    "speaker_title": "Hon. John Mbadi",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": " Thank you, Hon. Speaker. I understand what you exactly mean. It has been implied that there are provisions in this PAC Report which violate the provisions of the Constitution. Therefore, debating it in its current form would jeopardise that. I think from experience, we have had many Reports debated in the House, where Members feel certain provisions of law have been violated. You do not stop a debate on a Report by merely citing violation of either the Constitution or any statute. In my view, Members who are convinced so strongly that there are certain recommendations in the Report which would violate the provisions of the law would bring amendments to the Motion. Motions are amended every day in this House. They should bring amendments and argue. The arguments I am listening to this afternoon would have come through amendments by a Member citing the exact provisions of the law that are violated. So, I want to start from that premise that in my view, I am very clear in my mind that debate on this Report should continue. As to whether there are provisions in it that require amendments, then this House can deal with them. Hon. Speaker, allow me to address an issue which probably my other colleagues have also addressed themselves to. Allow me to add my voice on the issue of constitutionality, regarding the process as spelt out in Article 251 of the Constitution. I concur with Hon. Otiende Amollo. My understanding is that Parliament can pronounce itself on State officers whom we oversee, including commissions regarding their competence, integrity and whether they should continue holding public offices. However, the process under Article 251 of the Constitution will still have to be followed. In my view, the fact that this House says that this person should not hold a public office does not make that State officer to vacate office the following day. Hon. Speaker, just give me one more minute. I just want to give one example. This House has recommended that certain Cabinet Secretaries previously known as ministers should not even hold…"
}