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{
    "id": 1203241,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1203241/?format=api",
    "text_counter": 158,
    "type": "speech",
    "speaker_name": "Ugunja, ODM",
    "speaker_title": "Hon. Opiyo Wandayi",
    "speaker": null,
    "content": "Hon. Speaker, let me take you back to the provisions of the Political Parties Act, because an argument has been advanced before that Azimio la Umoja One Kenya Coalition Party is not a coalition. Let me educate you, Hon. Members. If you go the Political Parties Act, and this is an Act of Parliament that we all know was passed in this House and subsequently amended, including the latest one of this year. The interpretation of the Act states: “In this Act, unless the context otherwise requires, political party means an association of citizens with an identifiable ideology or programme that is constituted for the purpose of influencing public policy of nominating candidates to contest elections.” Part (b) says that “a political party includes a coalition political party”. It goes on to define what a coalition political party means. It says that a coalition political party is a coalition that is registered by the Registrar as a political party. In short, therefore, Azimio la Umoja One Kenya Coalition Party is both a political party and a coalition under the Political Parties Act. This is the law and nobody has challenged it, and no court of law has declared it unconstitutional. As you all know, the mandate to determine constitutionality of any law is vested in the High Court under Article 165 of the Constitution. Hon. Speaker, the High Court in Petition 043 of 2022 affirmed this position, that Azimio la Umoja One Kenya is both a party and a coalition. Let me read the excerpt of that court ruling. There was no difference between a coalition party under the old law and a coalition political party. It stated: “As for coalitions, the same have always existed in the law as they are provided for in Section 10 of the Political Parties Act for all practical purposes; we have had coalition political parties in Kenya. One example is the Jubilee Political Party, which comprised of parties like The National Alliance (TNA), United Republican Party (URP), among others. The only difference is that at that time, the constituent parties would be dissolved. But in the new definition of the constituent parties under the Act, parties will retain their individual identities. Therefore, all that the amendment has done is to formalise these practices through legislation.” That is the High Court of the Republic of Kenya speaking. Again, to educate my colleague, Hon. Didmus, a court judgement is what we call case law. I have quoted the court. 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."
}