{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137829","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137827","results":[{"id":1394691,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394691/?format=json","text_counter":409,"type":"speech","speaker_name":"Kikuyu, UDA","speaker_title":"Hon. Kimani Ichung’wah","speaker":null,"content":"Hon. Temporary Speaker, may I confirm that we were not interrupting her, but reminding her there is no word like ‘dismissment’. It is dismissal. I have begun with her because she was the last to contribute. Just like any other public service position created, there is a system or process of dismissal of public officers established in law. So, we need not repeat the same for this particular position. For those who cared to read the Committee’s Report and its addendum, they took note that this position is being created in the public service. This afternoon, as I drove back from burying a good friend and elder in my constituency, I listened to the Leader of the Minority Party as he raised issues of concern to him. If you listened to everybody who raised these issues including Hon. (Dr) Otiende Amollo who had a dissenting or Minority Report, they largely dealt on the constitutionality of the Office of CAS."},{"id":1394692,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394692/?format=json","text_counter":410,"type":"speech","speaker_name":"Kikuyu, UDA","speaker_title":"Hon. Kimani Ichung’wah","speaker":null,"content":"If you go to Article 132(4)(a) of the Constitution on functions of the President, it states: “(4) The President may— (a) perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission.” Hon. Temporary Speaker, the plain reading of this provision of the Constitution says that, except as otherwise provided for within the Constitution, the President may establish an office in the public service in accordance with the recommendation of the PSC. As I said, for those who cared to read through the Committee’s Report, PSC in their submission to the Committee, on the question of the establishment of the position of CAS, stated that they were in support of the proposed Section 12(a)(i). This is because it is in line with the recommendation to the President, on the establishment of the office of CAS, in accordance with Article 132(4)(a) of the Constitution as I have read. They went ahead to add certain provisions in terms of years of experience required for this position. I have seen many media practitioner’s narrative that this position is unconstitutional which is very far from the truth. There is absolutely nothing unconstitutional, with the President pursuant to Article 132(4)(a) of the Constitution, establishing an office within public service to help him deliver to the people of Kenya. If it is pursuant to the advice of PSC, as the case under this circumstance, then so be it. This office can be established legally and within the confines of our Constitution. There was a lot of confusion on cases. If you read the Minority Report by Hon. (Dr) Otiende Amollo, you will see the Matindi and three others versus the National Assembly of Kenya and four others; the Controller of Budget and 50 others. All those cases quoted in the Minority Report were determined by the courts. Some of the issues the courts raised are being addressed in this Bill as proposed amendments in the Committee’s Report. Hon. Temporary Speaker, having listened to many of the Members who speak this afternoon, I can bet 99.9 per cent of them did not read both the Bill and the Report except for Hon. Mayaka and Hon. Basil Ngui. Ngui is his name and he is the Member for Yatta. You can tell the two Hon. Members to read the Bill and the Reports. The others including the Leader of the Minority Party are informed by what they think is speaking to the gallery. More so, I noticed a trend where people are afraid of particular appointees appointed to the position of CAS. Some from one corner of this country, are afraid of the former Nairobi City County Governor, Hon. Evans Kidero, who was nominated as a CAS. They are afraid because of the politics going on around the lakeside. That, if Governor Hon. Evans Kidero assumes such a position, he might take over Baba’s position by the lakeside. I know many of 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":1394693,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394693/?format=json","text_counter":411,"type":"speech","speaker_name":"Kikuyu, UDA","speaker_title":"Hon. Kimani Ichung’wah","speaker":null,"content":"them are informed by that fear. That is why they are opposing this Bill not based on law, but on other political considerations. I want to tell my dear brother, the Leader of the Minority Party and others like my good friend and Senior Counsel Hon. (Dr) Otiende Amollo, that I know they are all gunning to inherit"},{"id":1394694,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394694/?format=json","text_counter":412,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"Baba"},{"id":1394695,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394695/?format=json","text_counter":413,"type":"speech","speaker_name":"Kikuyu, UDA","speaker_title":"Hon. Kimani Ichung’wah","speaker":null,"content":"down by the lakeside. They should not be afraid of Hon. Evans Kidero and the others who have been nominated like my good friend whom I have forgotten his name. He was appointed as an Ambassador to Egypt. Many other issues have been spoken to and if Hon. Members bothered to read the Committee’s Report and the addendum, the issues have been addressed. For example, the question of who keeps the Public Seal, is very well addressed in the Report. The Committee has proposed amendments and when we get to the Committee of the whole House, they will be prosecuted by Hon. Murugara on their behalf. I agree with many of the contributions I have heard including Hon. Basil’s contribution that, the Public Seal should remain in the Office of the Attorney-General since it is more or less seen as a political and not a transitory office, as the case would be with that of the Head of Public Service. If you read the Report, there is a point the PSC raised on the need to have the Office of the Chief of Staff and Head of Public Service being separated from Secretary to the Cabinet. Those who have served in public service know that these two offices are very busy. So, the need for each office to have its own distinct functions so as to assist the President in running the Government and management of cabinet affairs. With those many remarks, I beg to reply and thank all Hon. Members especially those who read the Bill and were well informed by the Committee’s Report and its addendum for their contributions. They enriched the debate and amendments will be proposed during the Third Reading or Committee of the whole House. A few amendments were not captured by the Committee, but having sat and listened to Members, they will be incorporated during the Committee of the whole House stage. For those who are running away from political ghosts and shadows, I am sorry I do not have a cure for that kind of fear. I ask them to indulge prospective appointees as CAS from Luo-Nyanza and the lakeside because they deserve it and they are just like other Kenyans from other parts of the country. Nobody including Hon. (Dr) Otiende Amollo and Hon. Opiyo Wandayi should be afraid that those from their backyard who get these positions, may be advantaged in any way to inherit the position the former Prime Minister has held over the years in the Orange Democratic Movement (ODM), the Azimio Coalition and as the Leader of the Opposition Party. Thank you, Hon. Temporary Speaker. With those many remarks, I beg to reply."},{"id":1394696,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394696/?format=json","text_counter":414,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":" Hon. Member, the substantive Speaker of the House had indicated that he will make a determination on the constitutionality of certain provisions of the Bill tomorrow. Consequently, the Question on the Bill cannot be put now."},{"id":1394697,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394697/?format=json","text_counter":415,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Putting of the Question deferred)"},{"id":1394698,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394698/?format=json","text_counter":416,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":"We will move to the next Order. I direct that we go to Order No.12 because it is time- bound. We will consider Order No.11 after Order No.12 is exhausted. Next Order."},{"id":1394699,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394699/?format=json","text_counter":417,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":"THE DIVISION OF REVENUE BILL (National Assembly Bill No.14 of 2024)"},{"id":1394700,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1394700/?format=json","text_counter":418,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":"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"}]}