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{
    "id": 1397359,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1397359/?format=api",
    "text_counter": 169,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samuel Chepkong’a",
    "speaker": null,
    "content": " Correct. I have instructions to do so. Hon. Temporary Chairlady, I beg to move: THAT, Clause 20 of the Bill be amended by inserting the following new sub-clauses immediately after sub-clause (4)— (5) If a court is satisfied that a House of Parliament, in an attempt to resolve a dispute, has not exhausted all the mechanisms of alternative dispute resolution as contemplated under this section and refers the dispute back for the reason that the House of Parliament has not complied with this section, the expenditure incurred by that House of Parliament in approaching the court shall be regarded as wasteful expenditure. (6) The costs in respect of the wasteful expenditure under subsection (5) shall, in accordance with a prescribed procedure, be recovered without delay from a public or state officer, including a holder of a political office, who caused the House of Parliament not to comply with the requirements of this section. The import of this is that since we have agreed on alternative dispute resolution, no House will decide to go to court on their own Motion. First, it must exhaust the procedures that are provided in this Bill. That is mediation, reconciliation or arbitration. If one goes to court without following this procedure, they will be held personally responsible for the cost that will be incurred by whichever House to defend that petition that is placed before the court. This is to prevent people from rushing to court without exhausting the internal mechanisms that are contained in the law that we are about to pass. I thank you."
}