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"id": 1487440,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1487440/?format=api",
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"type": "speech",
"speaker_name": "Mr. Tom Macharia",
"speaker_title": "",
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"content": "More importantly, as a matter of law, agreements that underpin coalition building are actually a legal consequence. They draw their force from the law. I think Hon. Mutuse here mentioned it broadly, but I cannot tell you exactly where it is. The Third Schedule of the Political Parties Act requires every coalition to draw a coalition agreement. That is number one. Number two, it prescribes what is to go in that agreement. Among the things that the Third Schedule of the Political Parties Act prescribes that must be in an agreement is the sharing of power and responsibilities. So, it is a matter of the law. When hon. Members here retire, you will find that Article 108 of the Constitution delineates power to both the National Assembly and the Senate on the basis of coalition agreements and who has the majority, or the largest shareholder if you wish, in each of the two Houses. Fifthly, I think we have said this before. The Deputy President had no power to appoint or implement any of those things. All he could do was to speak to the agreements that had been signed by the party leaders. He was expressing what was in the agreements saying that they ought to keep their word and do what they promised in these documents, which they filed with the Registrar of Political Parties. Sixthly, in the statements that were read to you in the videos, there are two things to note. Number one, the Deputy President is talking about the Government. He is very clear. He does no say the nation, national cake or resources. Just to read for you one example, at page six of 85, he says that a government is like a company. He is not talking about resources, but government. That is all it was. It is important for Members to recall that these provisions of the law I am sharing with you here, followed the infamous National Alliance Rainbow Coalition (NARC) Memorandum of Understanding (MOU) which become very litigious. I had the privilege of participating in that case. It was set aside because it had no anchoring in law. That was corrected and it is what these agreements are about. Seventh, I will combine this although I will come back to that later. The Deputy President in the videos says – if you listen keenly – that the President needs to work with people who believe in his policy, manifesto and who will implement what he had in mind when he campaigned on a specific platform. That is all he is saying. It is very simple. If you do not believe in my policies or manifesto, how will you be the one I appoint to implement that? It was not about tribes, but about manifesto, policy and specific issues set out in agreements. Political rhetoric might use certain words. Politicians use all manner of words. The party I represented in the last election was called “mganga” many times in the election trail, but we all know it is not. It is political talk. Eighth, these agreements were not limited to Kenya Kwanza because they are part of the law. The Jubilee Government that preceded had similar agreements deposited to the Registrar of Political Parties. Azimio la Umoja, One Kenya Alliance (OKA) had a similar agreement. It is only that they never came to power. Even internationally, these agreements are known as power sharing agreements. There is no magic to it. That is what elections are about; the division of power. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}