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"content": "This definition, in itself, demonstrates the inappropriateness of the application of the term “take over” as used by the two Committees and, indeed, by a section of Members who spoke in the House on the matter. Consequently, committees and, indeed, this House should restrict themselves to terms used in the evidence adduced so far and the expressions used in the relevant laws. This is in keeping with our Standing Order No.91 on responsibility for statement of facts, which behoves all Members to speak with accuracy based on facts. Hon. Members, permit me at this point, to refresh your memory on the policy-making process and the nexus between the Executive and the Legislature in this process. By practice, a policy of this magnitude and importance, like many others before or after it, would have to obtain Cabinet consideration. The relevant Cabinet Secretary would then undertake other preliminary processes with the relevant bodies and, at the appropriate stage, submit to the House a Sessional Paper. It then follows that the people’s elected representatives would at this point exercise their oversight function by giving their views in considering the particular Sessional Paper. In noting the Paper, the House may make reservations, comments or acquiesce to it unconditionally. As regards the legal framework that underlies the proposed management of JKIA operations by the Kenya Airways, the question that now begs is as follows: “Is the proposed commercial arrangement an arrangement under the Public Private Partnerships Act, No. 15 of 2013, or the Privatisation Act, No. 2 of 2005?”"
}