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{
    "id": 986801,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/986801/?format=api",
    "text_counter": 55,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, you may recall that earlier today, the House rejected a Motion under Order No.10 on the Order Paper for today’s Morning Sitting. The Motion, which was moved by the Departmental Committee on Education and Research, was asking the House to reject the appointment of Mr. Mbage Njuguna Ng’ang’a and Ms. Leila Abdi Ali as members of the Teachers Service Commission (TSC). Hon. Members, the question now before the Speaker is, “What is the implication of the House rejecting the Special Motion, which is coached in the negative?” Sadly, it cannot be that the House has approved the nominees because a decision of the House to that effect ought to be unequivocal. In the same vein, it cannot be that the House has rejected the appointment of the said nominees. This is not the first time the House is confronted with a scenario of the nature presented by the four stated questions. In answering the question, I am, therefore, informed by my predecessor in the 10th Parliament whereupon a Motion asking the House to reject proposed appointment of one Mr. Mumo Matemu, as the Chairperson of the Ethics and Anti-Corruption Commission (EACC), was rejected by the House. At that time, in 2011, my predecessor, Hon. Ken Marende, did observe that in such circumstances, the nominees stand, implying that the nominees still remained before the House considering that the nominee had neither been approved by the House nor rejected. The then Speaker did add that it was incumbent on the Mover of the business in question or any Member of the House to determine whether or not to move a positive Motion for the approval of the nominee by the House. Hon. Members, I stand to state that I am not about to deviate from that precedent set by my predecessor. In fact, I agree with him that an approval of the appointment as contemplated by the Constitution and statutes is an affirmative and unequivocal approval by the House and cannot be deduced from the rejection of a committee report. In such circumstances, the onus is on the relevant Committee or any other Member of this House to give notice of a Motion to that effect, phrased in positive terms. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}