Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1386099,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1386099/?format=api",
    "text_counter": 357,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr) Otiende Amollo",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker. To the extent that you prompted me, I had forgotten to talk about the other proposal by my friend, Hon. Bashir Sheikh, which is also on the Floor. It proposes that when the Independent Electoral and Boundaries Commission (IEBC) is not constituted, the Secretary of the Commission can perform the functions of the Commission that are limited to conducting by- elections under Article 101(4)(b) of the Constitution. Hon. Temporary Speaker, that proposal would be flatly unconstitutional. We do not even have to give the answer in this House. The organ that is mandated to interpret the Constitution has severally interpreted and stated that a commission, to the extent of the role of a commission, is the commissioners and it is only them who can undertake that role. If we were to be in a situation where we can forego or do without commissioners, we would have fundamentally affected the structure of the Constitution in a way that runs contrary to the finding of the High Court, which has pronounced itself on this. There is one thing that we must focus on, and I keep coming back to the NADCO Report because the urgency of this is obvious. Rather than debate all these proposals, let us fast-track the NADCO Report and appoint commissioners so that we have substantive commissioners whom we can deal with. It is for a good reason that this House endorses those commissioners and removes them if they misbehave. That is why they are commissioners. So, Hon. Temporary Speaker, the answer was provided by the High Court previously."
}