Entry Instance

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

{
    "id": 1515979,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1515979/?format=api",
    "text_counter": 80,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "parties to be static throughout the subsequent days of a term of Parliament. The Constitution itself enumerates several avenues in which the number of parliamentary seats secured by a party or a coalition at a general election can be subsequently varied. First, Article 103 of the Constitution spells out seven instances in which a vacancy can arise in the office of a Member of Parliament, including death and resignation. That can drastically affect the numbers or Members of a particular party. Secondly, Article 104 of the Constitution provides for the manner in which a Member of Parliament can be recalled by the electorate with the resultant effect on the parliamentary seats secured by any political party. Thirdly, Article 105 of the Constitution provides for the manner in which the High Court can nullify the election of a Member of Parliament with the resultant effect on the parliamentary seats by any political party. Fourth, Article 108 of the Constitution, as further expounded in the Political Parties Act, acknowledges the formation and existence of coalitions which, when varied through post- election agreements, have a resultant effect on the parliamentary seats associated with a political party or coalition. For instance, apart from the dynamic complexities that we have witnessed around the composition of coalitions since the last general election, Hon. Members are also aware of the current existence of three vacancies in the offices of Members of Parliament with respect to Banissa, Magarini and Ugunja constituencies. A further vacancy exists with respect to the nomination slot vacated by Hon. John Mbadi. How is the House meant to treat a change in its relative majorities arising from the current existing four vacancies? In my mind, all the cited scenarios create avenues for the exercise of the sovereign will of the people to determine the Majority and Minority parties in the House. By quashing the guidance that I gave for purposes of ensuring the continuity of the business of the House, the Court recreated the very same question that arose at the commencement of the 13th Parliament, as to which party or coalition is the Majority or Minority in the House. The Third Schedule to the Constitution prescribes the Oath that I took pursuant to Article 74 of the Constitution before assuming the office as your Speaker. Having been elected by yourselves on 8th September 2022, I swore to bear true faith and allegiance to the people and the Republic of Kenya. I undertook to faithfully and conscientiously discharge my duties as Speaker and to obey, respect, preserve, protect and defend the Constitution. Critically, I also committed to do right to all manner of persons in accordance with the Constitution and the laws and conventions of Parliament without fear or favour, affection or ill will. I did ask the Almighty God to help me in this crucial role and appended my signature to the physical version of the Oath. With that in mind, whenever I am invited to render guidance to the House, it remains my solemn and singular duty to provide that guidance and a way forward. My predecessors have previously upheld the significance of safeguarding the independence, powers and privileges of this House and the doctrine of exclusive cognisance. Article 124 of the Constitution empowers the House to regulate its own procedure. The other arms of Government have a duty to refrain from interfering with that privilege. A question such as the one referring to the Majority Party and Minority Party falls within that privilege. As of necessity, it must be guarded jealously and only resolved within Parliament. The Constitution, laws and conventions of Parliament do not grant me the option of declining jurisdiction or issuing any guidance that effectively holds the operations of the House. My oath obligates me to ensure the uninterrupted functions of this House for the benefit of Kenyans."
}