{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137812","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137810","results":[{"id":1394521,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394521/?format=json","text_counter":239,"type":"speech","speaker_name":"Hon. Speaker","speaker_title":"","speaker":null,"content":"Hon. Nyikal. Avoid tedious repetition."},{"id":1394522,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394522/?format=json","text_counter":240,"type":"speech","speaker_name":"Seme, ODM","speaker_title":"Hon. James Nyikal","speaker":null,"content":" Thank you. Hon. Speaker. I remember I was in Government when the Constitution of Kenya 2010 was in process. Historically, this came from the office of the then Assistant Minister. That is where all this comes from and the argument at that time was that often the assistant ministers did not have specific jobs they were doing. As permanent secretaries, we were always asked without much guidance to ensure our assistant ministers had something to do. We were to assign them jobs to do. Therefore, the argument that came up during the drafting of the Constitution was basically that the office was not necessary and, therefore, that position of the assistant minister was removed. That is how, later on, after the Constitution had been promulgated, the new Government felt that we needed a chief administrator."},{"id":1394523,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394523/?format=json","text_counter":241,"type":"speech","speaker_name":"Hon. Speaker","speaker_title":"","speaker":null,"content":"Hon. Nyikal, what you are saying is incorrect. I served as an Assistant Minister for five years and my letter of appointment from the President specifically listed out what my duties and responsibilities were as an Assistant Minister. The Assistant Minister never operated at the whim of the Minister."},{"id":1394524,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394524/?format=json","text_counter":242,"type":"speech","speaker_name":"Seme, ODM","speaker_title":"Hon. James Nyikal","speaker":null,"content":" Those duties, Hon. Speaker, with all due respect, were basically to assist the Minister. All of them, but let us not go into that argument. Now, when it comes to these positions of CASs, it is stated that they are going to liaise with Parliament, but every time we interacted with them in the last Parliament, it was always very clear that we needed to liaise with the Cabinet Secretary. This position is also creating another level. If you are saying they are going to liaise with the county government on matters of concurrent mandate, we have the Intergovernmental Relations Technical Committee (IGRTC) whose job is to do that. It is also stated that the CAS will provide inter-ministerial and sectoral coordination. We have the office, like in this case the Cabinet Secretary, who is actually dealing with that matter. So, once again, why are we creating this position? Another role is representing the Cabinet Secretary in any meeting. That actually is where the issue started and so, we are going backwards. So, Hon. Speaker, I just wanted to add that we are actually going backwards in terms of our constitutionalism. We are clawing back what we changed in 2010 and bringing them through the Statutes. I am not a lawyer, but I do not think that is proper."},{"id":1394525,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394525/?format=json","text_counter":243,"type":"speech","speaker_name":"Hon. Speaker","speaker_title":"","speaker":null,"content":"Hon. Chepkonga."},{"id":1394526,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394526/?format=json","text_counter":244,"type":"speech","speaker_name":"Ainabkoi, UDA","speaker_title":"Hon. Samwel Chepkonga","speaker":null,"content":" Thank you very much, Hon. Speaker. To locate this matter properly, I expected the Leader of the Minority Party to quote extensively from the case law. This matter has been litigated upon. He knows the decision of the court in Kenyatta II when this position was declared unconstitutional. It was declared unconstitutional 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"},{"id":1394527,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394527/?format=json","text_counter":245,"type":"speech","speaker_name":"Ainabkoi, UDA","speaker_title":"Hon. Samwel Chepkonga","speaker":null,"content":"because there was no law that established it. In fact, the advice from court at that time was to pass the law in Parliament. They decided not to pass the law. Article 94(5) of the Constitution, which I would like to happily read to my very good friend, Hon. Wandayi, the Leader of the Minority Party says: “No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.” Hon. Speaker, it is the very reason this Bill is in this House this afternoon so that we can debate, agree or disagree. Hon. Speaker, the second issue that I expected the Leader of the Minority Party to have addressed is the Report of the Committee. Had he read it, he would have seen very clearly that only Hon. Otiende Amollo dissented with regard to the matters that were raised in this Bill. We are being held hostage by the Leader of the Minority Party on account of Hon. Otiende Amollo’s advice. I want to believe he has taken legal advice from a minority Report of the Committee. Hon. Speaker, Article 132, which my very good friend, the former Chief of Staff, has clearly stated, addresses the issue. The only thing that the Leader of the Minority Party did was to skirt around the issue, not wanting to address it because he had been advised by Hon. Otiende Amollo, so that he could not depart from it."},{"id":1394528,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394528/?format=json","text_counter":246,"type":"speech","speaker_name":"Ugunja, ODM","speaker_title":"Hon. Opiyo Wandayi","speaker":null,"content":" On a point of order, Hon. Speaker."},{"id":1394529,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394529/?format=json","text_counter":247,"type":"speech","speaker_name":"Ainabkoi, UDA","speaker_title":"Hon. Samwel Chepkonga","speaker":null,"content":" No! No! How can you rise on a point of order? You received advice from a dissenting Member!"},{"id":1394530,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394530/?format=json","text_counter":248,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Laughter)"}]}