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    "id": 125102,
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    "content": "Members to look at the Report very carefully and you will notice that the two Committees do not refer to that section either by reference or quotation or otherwise. It is important that we remove emotionalism of politics out of this debate. Section 34(1) of the Interpretation and General Provisions Act that the Committees are seeking to rely on reads as follows:- “All rules and regulations made under an Act shall, unless a contrary intention appears in the Act, be laid before the National Assembly without unreasonable delay, and if a resolution is passed by the Assembly within twenty days, on which it next sits after the rule or regulation is laid before it that the rule or regulations be annulled, it shall henceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of any new rule or regulation. (2) Subsection (1) shall not apply to rules or regulations of a draft which is laid before the National Assembly and is approved by resolution before the making thereof nor to rules of court. (3) In this section, “rules” and “regulations” mean respectively those forms of subsidiary legislation which may be cited as rules or regulations, as the case may be”. Mr. Deputy Speaker, Sir, Section 8 of the Act that is the substance of this debate is also a product of this House. Regulation 3(ii) of Schedule I are products of this House. I expected the two Committees of very eminent lawyers, politicians and leaders to table before this House the requirement that President Kibaki had to table a Gazette Notice in this House as subsidiary legislation under Section 34. This is a very serious issue because this is the first debate arising from the new Standing Orders. If we set a bad precedent now, it will not only mislead the country but also cause enormous confusion. Mr. Deputy Speaker, Sir, Gazette Notices are very well known by Kenyans. In fact, if you want to change your name from Mr. Olago to Mr. Mutula, you just publish a notice in the Kenya Gazette . With respect and complete humility, I want to ask; is that subsidiary legislation? I will go further; all of us sitting in this House and this is the reason this debate must be addressed carefully, were gazetted by the Electoral Commission of Kenya (ECK). The Gazette Notice for Mbooni read that Mutula is the winner. Was that subsidiary legislation? Is it not a fact that of all my colleagues inside this Chamber who were facing election petitions, when the matter goes to court, the issue of the Gazette Notice only refers to date? What you do is to challenge the election itself. I will again go further because this is very important, and it underlines the question I have asked: Was President Kibaki required by law to table the Gazette Notice? Political parties nominate councillors on a regular basis, I can see my friend, Ms. Karua, looking and thinking because she has nominated councilors. The nomination by the Minister for Local Government comes through a Gazette Notice. Is that subsidiary legislation? Why do you want to reduce Presidential authority to the level of paper?"
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