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{
    "id": 1515655,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1515655/?format=api",
    "text_counter": 273,
    "type": "speech",
    "speaker_name": "Kibwezi West, MCCP",
    "speaker_title": "Hon. Mwengi Mutuse",
    "speaker": null,
    "content": "litigation that led to this decision and, therefore, I am aware of the facts, the law, and the arguments that went into court for this determination to be made. Importantly, as you retreat, I am elected under the Maendeleo Chap Chap Party, which is one of the parties whose membership is under dispute. I will be tabling before this House a letter dated 30th January 2024, by the Registrar of Political Parties, confirming that Maendeleo Chap Chap Party is no longer a member of the Azimio Coalition. I will be asking you, when you retreat, to give effect to that exit in line with the ruling that you made on the 6th of August 2023, as well as the judgment of the court. As you retreat, I also invite you to look at an important doctrine that has been developed by the Supreme Court in the United States that has been applied locally. This is the political question doctrine, or the doctrine of justiciability. This doctrine was developed so that the separation of powers can be given effect - so that matters that are for the Legislature are left to the Legislature, matters that are for the Judiciary are left to the Judiciary, and matters that are for the Executive are left to the Executive. It is my submission that the matter of determining the Majority and Minority Leaderships is a matter for Parliament and not one for the courts of law. Finally, it is important to look at the gazette notice that declared the members who won positions. In the gazette notice released by the Independent Electoral and Boundaries Commission, there was no mention of coalitions. There was no mention of the Azimio or Kenya Kwanza Coalitions. In my constituency, they declared Mwengi Mutuse the winner under Maendeleo Chap Chap. If you look at that gazette notice, there was no mention of coalitions. Therefore, you cannot assign membership based on the election. You assign membership based on the realities of the day. This is to say that the issue of minority and majority is a moving target and can change at any time. Therefore, as I table this letter, I urge you to recognise that since Maendeleo Chap Chap exited the Azimio Coalition, we should be counted on the Kenya Kwanza side. Thank you."
}