Entry Instance

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

{
    "id": 1515590,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1515590/?format=api",
    "text_counter": 208,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr) Otiende Amollo",
    "speaker": null,
    "content": " Thank you, Hon. Speaker. For starters and because not all Members have read the judgement, allow me to read three paragraphs so that people are in tandem. Paragraph 504 says: “We, thus, hold and find that the simultaneous holding of the position of Speaker with that of the leader of the political party and the leadership positions in the ruling political coalition, as in the case with the current National Assembly and the concluding parties, this dual role is therefore unlawful and unconstitutional.” They continue in paragraph 505 as follows: “We hold that the Speaker was elected in accordance with Article 106 of the Constitution and the Standing Orders. The fact that he was a party leader at the time of his election could not invalidate his election. However, for the reasons we have given, his position as the leader of FORD-Kenya or any other political office for that matter became untenable and inconsequential, the moment he assumed the office of the Speaker of the National Assembly. He could not and he has no capacity to perform any other functions as a leader of a political party or political organ as long as he is the Speaker of the National Assembly.” I have referred to two paragraphs: 504 and 505. This is on whether the court expressly found the two offices untenable. I will make a concession separately. I will now go to paragraph 508 which is important because we are debating in ignorance. It says: 1. “It is hereby declared that the question as to which party or coalition of parties is the majority in the National Assembly, in the 13th Parliament, was determined by the sovereign will of the Kenyan voters during the 9th August 2022 General Election. It continues in (ii). 2. “It is hereby declared that Hon. Speaker's ruling on determination, contained in his Communication of 6th October, is null and void.” 3. “It is hereby declared that Hon. Speaker's ruling on determination of the Minority is again null and void.” Finally, an order of certiorari is hereby issued, quashing the Speaker's ruling. Here is my submission, Hon. Speaker. First, this matter did not go to court in vain. The contestation was your considered ruling of 6th October. Once that ruling is quashed, you cannot then, with due respect, come and say that no decision has been made. The consequences are two. One, the Leader of Minority Party becomes the Leader of Majority Party by operation of law, even if you do nothing else. However, in this case, we have gone further, under Standing Order 19A (3), it states…"
}