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{
"id": 884705,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/884705/?format=api",
"text_counter": 88,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, according to the Leader of the Majority Party, since the recommendation seeks the removal from office of the IEBC commissioners and staff, it expressly flouts the provisions of Article 251 of the Constitution of Kenya on the procedure for the removal of a member of a Constitutional commission and Article 236 of the Constitution, which guarantees public officers protection in the exercise of their duties. It was, therefore, his view that the House should not proceed to make a determination on the impugned recommendation. Hon. Members, at the time the matter was raised by the Member, you will also recall that no less than 19 interventions from other Members of the House both in support or opposition to the points raised by the Leader of the Majority Party were recorded. In the ensuing debate, the Leader of the Minority Party, Hon. John Mbadi, the Minority Party Whip, Hon. Junet Mohamed, the Chairperson of the PAC, Hon. Opiyo Wandayi, the Chairperson of the Justice and Legal Affairs Committee, Hon. William Cheptumo, Hon. Otiende Amollo, Hon. Adan Keynan, Hon. (Dr.) Chrisantus Wamalwa, Hon. Ngunjiri Wambugu, Hon. Jeremiah Kioni, Hon. William Kamket, Hon. Jared Okello, Hon. Dido Rasso, Hon. Bashir Sheikh, Hon. (Dr.) James Nyikal, Hon. Kangogo Bowen, Hon. Kimani Kuria, Hon. Peter Kaluma and Hon. Jimmy Nuru Ang’wenyi canvassed various points of view. Hon. Members, at the close of the debate, I undertook to give a considered ruling on the matter raised and to guide the House on the important question of the consideration of the Report containing the said recommendation. From the point raised by the Leader of the Majority Party and the ensuing debate, I have isolated the following issues as requiring determination: 1. The extent of the mandate of PAC under Standing Order 205 of the National Assembly Standing Orders as read together with Standing Order 197 on the limitation of the mandate of committees. 2. Whether a question on the constitutionality of a recommendation of the House should be left for determination by the House through a vote or potential amendment. 3. The extent of the mandate of the House to review the conduct in office of a State officer and initiate their removal from office under Article 95 of the Constitution vis-à-vis the removal procedure under Article 251 of the Constitution. 4. The extent to which the House or its committees may delve into disciplinary matters of staff of a constitutional commission or an independent office. 5. Whether the findings and recommendations contained in the Report by PAC concerning the Auditor-General’s Examination of the Financial Statements for the Independent Electoral and Boundaries Commission are admissible. Hon. Members, on the first issue, the Public Audit Act of 2015 and the Standing Orders provide adequate guidance on the scope of the mandate of PAC and the limits of its exercise of such mandate. Standing Order 205(2) states, and I quote: “(2) The Public Accounts Committee shall be responsible for the examination of the accounts showing the appropriations of the sum voted by the House to meet the public expenditure and of such other accounts laid before the House as the Committee may think fit.” A clear reading of the Standing Order and the Public Audit Act reveals that the primary role of PAC is that of interrogating the accounts of expenditure of public funds appropriated by the House. The examination of public accounts by the Committee is informed by reports tabled by the Office of the Auditor-General on the use of public funds. Necessarily, the work of the Committee, therefore, includes holding to account any public officer, and in particular, to ensure prudent use of funds appropriated by Parliament, and to clarify any queries raised by the Office of the Auditor-General pertaining to such use or otherwise. Where the Committee, after 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."
}