{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137823","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137821","results":[{"id":1394631,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394631/?format=json","text_counter":349,"type":"speech","speaker_name":"Budalangi, ODM","speaker_title":"Hon. Raphael Wanjala","speaker":null,"content":" Hon. Temporary Speaker, this is a House of debate and Members must exhaust…"},{"id":1394632,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394632/?format=json","text_counter":350,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":" Order!"},{"id":1394633,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394633/?format=json","text_counter":351,"type":"speech","speaker_name":"Budalangi, ODM","speaker_title":"Hon. Raphael Wanjala","speaker":null,"content":" Hon. Temporary Speaker, I have an issue."},{"id":1394634,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394634/?format=json","text_counter":352,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Hon. Raphael Wanjala stood in his place)"},{"id":1394635,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394635/?format=json","text_counter":353,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":" Order! You are out of order because that issue has already been overruled by the Chair. What is the point of order all about? Take your seat. Hon. Chepkonga, proceed."},{"id":1394636,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394636/?format=json","text_counter":354,"type":"speech","speaker_name":"Ainabkoi, UDA","speaker_title":"Hon. Samwel Chepkonga","speaker":null,"content":" Thank you, Hon. Temporary Speaker. I want to contribute on two matters. With regard to…"},{"id":1394637,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394637/?format=json","text_counter":355,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Loud consultations)"},{"id":1394638,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394638/?format=json","text_counter":356,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":" Order! For the benefit of the House, I will repeat what I had said before. If the Hon. Temporary Speaker is convinced that the rights of even the minority are being emasculated by calling on the Mover to reply, he has the authority to overrule that. Go and read the whole of Standing Order 95 and you will understand it. Proceed."},{"id":1394639,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394639/?format=json","text_counter":357,"type":"speech","speaker_name":"Ainabkoi, UDA","speaker_title":"Hon. Samwel Chepkonga","speaker":null,"content":" Thank you, Hon. Temporary Speaker. I want to contribute on two issues. I do not want to repeat what my colleagues have just said. With regards to Article 132 (4) on the establishment of offices in the Public Service by the President, it is very clear that the President, in his performance of his functions, may establish an office in the Public Service in accordance with the recommendations of the Public Service Commission. If the Public Service Commission has made recommendations, then that office will be established in accordance with the Constitution. As to whether a matter is constitutional or not, that is something that is supposed to be decided by a different arm of Government. It is not incumbent upon this House to tell if a matter is unconstitutional. We will be allocating ourselves the powers of the High Court to make a determination as to whether a matter is constitutional or not. Our mandate is contained in Articles 94 and 95 of the Constitution, one of which is to enact laws. As the National Assembly, our mandate is fourfold: Legislating, overseeing, budget making, and representation. There is nowhere in law we are given the mandate to arbitrate over disputes. In regard to the issue of making laws, we are the House that does so. On establishment of offices, if people took time to read the Report of the Justice and Legal Affairs Committee, they would have seen that these offices are established for a good reason. One of the reasons why offices are established by the Executive, with the concurrence 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":1394640,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394640/?format=json","text_counter":358,"type":"speech","speaker_name":"Ainabkoi, UDA","speaker_title":"Hon. Samwel Chepkonga","speaker":null,"content":"of the Public Service Commission, is to enable the Executive to recruit and deploy the appropriate number of officers – in this case the chief administrative secretaries, who are required to deliver the programmes of the Government. You do not just walk into government and you find that you are unable to work effectively because you do not have people to help you. You will look for the people. The Constitution gives you the power to do so. Hon. Temporary Speaker, in our oversight role, it is incumbent upon us to determine as to whether we have allocated sufficient money under the budget, or if the money is being used for the right purposes. That is our role. Our role is not to curtail the functions of the Executive. There are very many things that have been talked about the purported people, who should be appointed as CASs. It has been said that failures and people who lost elections will be appointed. I do not know when losing elections became a crime in this country. People lose elections. People lost elections in 2022, 2017 and 2013. People have been losing elections from time immemorial. Article 27(4) of the Constitution says that no person shall be discriminated against on account of anything, including marital status, pregnancy, colour and even losing an election. If you cannot discriminate against someone based on pregnancy, you cannot discriminate against a person on account of losing an election."}]}