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{
    "id": 944495,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/944495/?format=api",
    "text_counter": 21,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "the accountability of the Executive to the House while upholding the doctrine of separation of powers. That ruling, however, did not preclude Cabinet Secretaries from the obligation to appear before Committees of this House and respond to Questions by Members every Tuesday morning. Consequently, in the 12th Parliament, the Procedure and House Rules Committee recommended amendments to the Standing Orders to re-introduce Questions in a manner that is not only consistent with the Constitution, but also able to link the process to the public affected by issues raised in those Questions. The proposals culminated in the introduction of Part IX titled “Questions” in the 4th Edition of the National Assembly Standing Orders. Under this Part, a Member now reads his or her Question on the Floor of the House for the Question to be recorded in the Hansard and the responsible Cabinet Secretary is required to appear and respond to the Question before the relevant departmental committee. It is worth noting that under Standing Order 42A(5), the appointment of the date when the Cabinet Secretary responsible for a Question to be responded to will appear before the relevant Committee to answer the Question is done and communicated to the House by the Leader of the Majority Party. I do hope that this background suffices to explain the milestones leading to the subsisting procedure on handling Parliamentary Questions before this House. Hon. Members, let me now address the first issue for determination, which is whether the accountability of the Executive to the National Assembly with regard to responding to any questions before a committee of the House in terms of Article 153(3) of the Constitution is an exclusive function of Cabinet Secretaries or may be donated to Chief Administrative Secretaries. The central issue of concern to Hon. Didmus Barasa, and, indeed, the House, is a question of accountability of the Executive to the House and the person through which such accountability is to be projected in the House. In addressing this issue, I will re-state the provisions of Article 153(3) of the Constitution as read together with Standing Order 42A(5), which domesticated Article 153(3) in the National Assembly Standing Orders. Standing Order 42A(5), which gives effect to these provisions, provides as follows: “42A (5) A member shall ask his or her Question on the day it is scheduled in the Order Paper and the Leader of the Majority Party, at an appointed date, will inform the House of the date and time when a Cabinet Secretary shall be required to appear before a Committee to reply to a Question, subject to paragraph (6).” Hon. Members, the wording of the stated provisions of the Constitution and the Standing Orders leaves no doubt as to the expectations of the House in terms of who is accountable to the House. In substance, Article 153(3) of the Constitution is couched in mandatory terms that vests direct constitutional obligation on a Cabinet Secretary, with little or no latitude to a Cabinet Secretary delegating that authority with regard to appearing and answering Questions relating to their duties when required to do so by the House. A Cabinet Secretary is, therefore, under obligation to appear before a Committee of Parliament and to answer any Question concerning a matter for which he or she is responsible. Additionally, as provided for in Article 153(4) of the Constitution, a Cabinet Secretary must provide Parliament with full and regular reports concerning matters under his or her control. Here, I note that we have not been receiving any"
}