Millie Grace Akoth Odhiambo Mabona

All parliamentary appearances

Entries 6031 to 6040 of 6553.

• 2 Mar 2011 in National Assembly: Finalize! view
• 1 Mar 2011 in National Assembly: Mr. Deputy Speaker, Sir, I need clarification from the Assistant Minister, because the issue of public offices will be coming up time and again. The Constitution under the definition section defines public office to mean:- “An office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament.” view
• 1 Mar 2011 in National Assembly: So, I would like to know whether the Governor’s position falls within that because if it does, then it could be a violation of Section 232(1) (i). view
• 1 Mar 2011 in National Assembly: Mr. Deputy Speaker, Sir, could the Assistant Minister clarify how the Governor is paid? If the Governor is paid as a public office, then you are definitely in violation of the Constitution. But if he is not paid as a public office, then I think you are in order. The Constitution defines public office to mean:- “An office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament.” view
• 1 Mar 2011 in National Assembly: So, if the Governor is not paid any more whatsoever, whether allowance, salary or otherwise from the Consolidated Fund or for money provided by Parliament, then it is not an office in the public service. But if it is an office in the public service, then it is subject to Chapter 13 of the Constitution on public service under 232(1) which says:- view
• 1 Mar 2011 in National Assembly: “The values and principles of public service include- (i) affording adequate and equal opportunities for appointment, training, and advancement, at all levels of the public service of- (i) Men and women (ii) the members of all ethnic groups; and (iii) persons with disabilities.” view
• 1 Mar 2011 in National Assembly: So, in case the monies come from the funds that I have talked about, then it would be in violation because you would not have met Section 232 of the Constitution. Could you please clarify where the money comes from? view
• 1 Mar 2011 in National Assembly: On a point of order, Mr. Temporary Deputy Speaker, Sir. Is the hon. Minister in order to mislead the House as to what I asked? I did not say that the office is a constitutional office I said that it is a public office. I did not quote from a source, I quoted from the Constitution and now that he confirms, then he is actually confirming that what he has done is unconstitutional. What I quoted is page 172 of the Constitution. It indicates what a public office is. If that is an office in the public service, then it ... view
• 1 Mar 2011 in National Assembly: On a point of order, Mr. Temporary Deputy Speaker, Sir. Even as I try to sit down quietly, as the Vice-Chair of the Constitution Implementation Oversight Committee (CIOC), I am very concerned that the Assistant Minister is misleading; not only this House, but this country, that another piece of legislation can override the Constitution. The Constitution is clear, where there is an express constitutional provision, we cannot use secondary legislation to override the Constitution. To the extent of inconsistency with the Constitution, it is null and void and the Constitution takes effect. So, I just want to advise him that ... view
• 1 Mar 2011 in National Assembly: On a point of order, Mr. Temporary Deputy Speaker, Sir. Is the hon. Assistant Minister in order to mislead the House when Section 7 of the Sixth Schedule says: “All laws in force immediately before the effective date continue to be in force and shall be construed with alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution.” In line with that and the other articles that I have read and hon. Karua has read, would I be in order to request that this matter be referred to the CIOC for further investigations? view