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{
    "id": 905972,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/905972/?format=api",
    "text_counter": 119,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Order, Hon. Members! Hon. Members, before debate on this particular Report commences, I wish to inform the House that I have received numerous entreaties, including attempts to lobby me, about one of the names that is in this list. Hon. Members, I have looked very carefully at the provisions of Articles 78, 80(c) and 260 of the Constitution. Pursuant to the provisions of Article 80(c), Parliament enacted the law contemplated within the provisions of Article 260, and in this particular regard enacted in the 10th Parliament the Leadership and Integrity Act, which is to implement the provisions of Chapter Six of the Constitution. Both Articles 78 and 80 are within Chapter Six of the Constitution. You will look at the constitutional provisions. In enacting the Leadership and Integrity Act, the House did consider that Article 260 of the Constitution did not provide for a definition of ‘Ambassadors’, ‘High Commissioners’ and ‘consular’. However, as you will appreciate, in Article 260 of the Constitution, Parliament is required, under Article 80 (c), to do exactly what it did. Therefore, Parliament acted within the provisions of the Constitution. The subheading of Section 52 of the Leadership and Integrity Act is “Application of Chapter Six of the Constitution and this Act to Public Officers Generally”. Section 52 provides, inter alia, that any public officer will, for the purposes of Chapter Six of the Constitution, except Section 18 of the Leadership and Integrity Act which deals with public collections, which you normally engage in during weekends – Harambee –for the purposes of Chapter Six, be deemed to be State officers. Section 31 of the Leadership and Integrity Act went on to provide that if you hold dual citizenship and you are appointed or elected into a State office, you must, before taking office, renounce your second citizenship or that other citizenship which is not Kenyan. More particularly, I want to thank the Chairman of the Departmental Committee on Defence and Foreign Relations, Hon. Katoo ole Metito, for having provided us with what is now a decision in the case of one Bishop Donald Kisaka Mwawasi versus the Attorney-General and two others reported in the Kenya Law Reports of 2014. This should put this matter to rest. The appellant, a citizen by birth, became an American citizen in 2011. He described himself as a dual citizen. The appellant was registered as a member of Agano Political Party and applied to be nominated to contest for the Senate seat for Taita Taveta County."
}