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{
    "id": 1475369,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1475369/?format=api",
    "text_counter": 150,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr) Otiende Amollo",
    "speaker": null,
    "content": "court did a suspension of the declaration of invalidity for two years. That is enough time for us to prosecute a number of things. It is enough time for us to prosecute the appeal. Hon. Deputy Speaker, you will remember that previously, the High Court declared the previous Act unconstitutional. The Court of Appeal did not agree and affirmed it and only the Supreme Court then agreed with the High Court. It is quite possible that we might follow a similar trajectory on this matter. Secondly, and we have said this before, the ultimate solution to all this push and pull is the amendment of the Constitution. We have agreed in the Departmental Committee on Justice and Legal Affairs that we make it a stand-alone amendment away from the entire National Dialogue Committee (NADCO) Report. It is our view as the lawyers and at the Departmental Committee on Justice and Legal Affairs that we can execute that amendment without requiring a referendum. The beauty of it is that once we have entrenched the NG-CDF in the Constitution, the constitutional provision cannot be unconstitutional. It will be along the lines of having entrenched the Judiciary Fund and that should be a proper cushion. But once we do the amendment, we will then again have to re-do the Act itself by bringing a new Act which will be in line with the amendment. Many people do not understand that before the Constituencies Development Fund (CDF), devolution and decentralisation, the situation was very bad. We had parts of this country that would not even get one cent. It is only the NG-CDF that goes to all the 290 constituencies in this country. It is only through devolution that..."
}