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{
"id": 95083,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/95083/?format=api",
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"type": "speech",
"speaker_name": "Mr. Speaker",
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"content": "Hon. Members, I want to deliver a Communication regarding a matter, which has twice been raised in this House in a period of as many weeks. This matter was first raised by hon. David Musila, Assistant Minister, Ministry of State for Defence. While standing on a point of order on Tuesday, 6th July, 2010, hon. Musila expressed concern that a practice was emerging of hon. Members avoiding debates on Motions and even Bills in the House, and going to funerals and other public fora to express their views. He cited the case of an hon. Member who, in a referendum campaign rally in Machakos, had alleged that the decision to adopt the Akiwumi Report had been intended to bribe Members of Parliament to take a certain position in the forthcoming referendum. Hon. Musila sought the guidance of the Chair, claiming that the dignity of the House had been dented, and that action was required to save the dignity of the House. A number of other hon. Members contributed, citing other incidents in support of the point of order raised hon. David Musila. The hon. Members who contributed lamented that the integrity of the National Assembly was being put at stake by hon. Members commenting adversely on matters either still pending consideration by the House or that have been disposed of one way or the other by the House. After hearing those hon. Members, the Chair undertook to give a Communication on the matter. On 15th July, 2010, the Member of Parliament for Ikolomani, Dr. Bony Khalwale, rose on a point of order, seeking the guidance and direction of the Chair on: (a) the constitutional implications of the Executive arm of Government defying a resolution of the House; (b) the options available to the House if the Minister for Finance makes remarks outside the House that he will not introduce a Bill to amend the National Assembly Remuneration Act, Chapter 5, Laws of Kenya, notwithstanding that he has an opportunity to make such remarks in the House. Dr. Khalwale further requested that the Chair, when giving the guidance sought, clarifies to the country that when the Chief Whip was moving the Motion of Adjournment, the onus was on a Member of the Government side, and not a Back- Bencher, to second the Motion. He claimed that the impression had been created that Members of the Back Bench had refused to second the Motion, and that this could bring to disrepute, not just the Members of the Back Bench, but also the House as a whole. Again, the Chair undertook to give a ruling on the matter on Tuesday, 20th July, 2010. Hon. Members, as I said, the points of order raised by the two hon. Members, with the support of other hon. Members, bring forth the following issues for determination:- (a) whether it is in order for a Member of this House to comment adversely on matters still pending consideration by the House or which have been disposed of one way or the other by the House; (b) whether, and if so, what the recourse of the House is when the Executive does not abide by a resolution passed by the House; (c) the options available to the House if the Minister for Finance makes remarks outside the House, that he will not introduce a Bill to amend the National Assembly Remuneration Act despite having the opportunity to make such remarks in the House; and, (d) whether a Motion of Adjournment requires to be seconded by a Member from the Government side."
}