16 Dec 2015 in National Assembly:
I would also like to finish by saying that in terms of the youth and people living with disabilities, the President has not nominated even one person under the age of 35 or around the age of 35 to serve in his Cabinet. He had the chance to do so in his first Cabinet and now in the reshuffled Cabinet. With regard to the nomination of Principal Secretaries, this time, at least, I want to congratulate the President. For the first time, he has nominated someone who is under 35 years to serve in the Ministry of Transport and Infrastructure ...
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16 Dec 2015 in National Assembly:
I also have to raise another question that is a matter of process and that we need to address in this House. It is the question of eligibility. Who is eligible to be a Cabinet Secretary? When the Constitution talks about the composition and structure of the Cabinet, the only exclusion is that the Cabinet Members shall not be Members of Parliament. However, we have people who have been nominated, accepted and proceeded to be vetted for nominations and they are serving as Members of the National Assembly or Members of the Senate. It is an issue which we should ...
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16 Dec 2015 in National Assembly:
Let me read a final comment on principles of public service. These are not just my personal opinions but issues that are in our Constitution. Chapter 2(10) of the Constitution is on national values and principles of governance. It tells us that: “The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them-
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16 Dec 2015 in National Assembly:
(a) applies or interprets this Constitution;
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16 Dec 2015 in National Assembly:
(b) enacts, applies or interprets any law; or
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16 Dec 2015 in National Assembly:
(c) makes or implements public policy decisions.
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16 Dec 2015 in National Assembly:
Appointments to Cabinet from the nomination, vetting and to the appointment that this House can do in joint action with the President are public policy decisions. We must make sure that we apply Article 27(8) of the Constitution which comes under the section of the Bill of Rights. As we all know, it is the longest Chapter of our Constitution. It has a policy on non-discrimination. That is why I said that when I rise, I will oppose not because these people are not qualified Kenyans but on principles of equality and freedom from discrimination. This is a fundamental right ...
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16 Dec 2015 in National Assembly:
A new Prime Minister was recently elected in Canada. He is a young person called “Trudeau”. He has set in place a Government and a Cabinet that is 50/ 50 in terms of gender representation. The President should have nominated towards that goal as an ideal rather than to set the one-third or two-thirds threshold as the ideal. It is just a ceiling and a minimal point for 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.
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16 Dec 2015 in National Assembly:
that matter. We should be pushing for that without any apology as Members of this House standing to protect people from discrimination.
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16 Dec 2015 in National Assembly:
We touched on this again under Chapter 9 of the Constitution which talks about the principles and structure of the national Executive. Article 130(2) of the Constitution says:- “The composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya.” The Cabinet of 22 plus a President, his Deputy and the Attorney-General does not reflect the ethnic and regional diversity of Kenya. It goes on in Article 131(2) of the constitution to say:- “The President shall (It does not say that the President “May”) (a) respect, uphold and safeguard this constitution;” I think that ...
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