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{
    "id": 98545,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/98545/?format=api",
    "text_counter": 226,
    "type": "other",
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    "content": "Members are critical for the proper functioning of any democracy. Members in Government are tasked with the responsibility of initiating and defending Government policies, decisions and actions. Erskine May in the text on Parliamentary Practice 23rd Edition page 74 while discussing the question of Ministerial accountability to Parliament, further notes that Ministers have a duty to Parliament to account and to be held to account for the business of their Ministries. Conversely, Members not in the Government play the critical role of keeping the Government in check. For the proper functioning of the Legislature, the distinction between the two categories of Members must be clearly drawn and maintained. Hon. Members, the Question that has arisen relates to the status of a suspended Assistant Minister. To which category does such a Member belong for the purposes of the business of the House? Is such a Member considered as a Member representing the Government, or owing to the suspension, as a Member representing his constituency and Kenyans at large in checking the Government? Hon. Members, as to whether a suspended Assistant Minister should be considered as a Member representing the Government, allow me to comment by citing Standing Order No.2 of our Standing Orders which defines a Minister as the President, the Vice-President, the Prime Minister, the Deputy Prime Minister or any other Minister. That includes the Attorney-General or an Assistant Minister or any person who holds--- The Prime Minister, Minister or any other Minster including the Attorney-General, an Assistant Minister or any other person who holds temporarily any such office. Although the Standing Orders do not make a distinction between a serving Minister and one under suspension, it is clear from the spirit and intent of the Standing Orders that a Member is either a Minister or not for the purposes of conduct of the business of the House. A Member cannot fall within both categories. Then, under what category does a suspended Minister fall? Hon. Members, the Oxford Advanced Learners Dictionary defines suspension as an act of delaying something for a period of time until a decision has been taken. A suspension is further defined as a temporary state of affairs pending a conclusive decision. It is, therefore, my finding, hon. Members, that for the purposes of the business of the House, a Member who falls within the definition of a Minister under Standing Order No.2 remains a Minister as long as he continues to hold such office and has not been terminated by due process of the law, whether or not has been assigned duties or has, in fact, been suspended from performing his duties. The assignment of duties or lack of assignment of duties by the Executive to its Ministers is a matter that falls within the ambit of the internal administrative arrangements of the Executive. Hon. Members, the question as to whether a suspended Minister can represent his constituency and Kenyans at large in checking the Government is one that would apply not just to suspended Ministers, but to all the Ministers as a whole. It is a questing that goes to the core of the doctrine of separation of powers. While the Executive and the Legislature are bound by the doctrine of separation of powers intended to be separate and independent entities, some confluence is to be found in the fact that hon. Members of our Legislatures are privileged to serve as Ministers in the Executive. Although such Ministers are responsible to their constituents, our practice, and that which establishes similar jurisdictions, dictates that Ministers, as Members of the Executive, cannot participate in questioning the same Executive that they serve. However, that does not"
}