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{
    "id": 158633,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/158633/?format=api",
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    "content": "The principles of the Accord are provided in Section 9. During the drafting of the Accord there was a big debate on the question of interpretation of the Accord. Since the Act was being drafted after the two principals had already signed the agreement on the Accord, it was generally agreed that if you had an interpretation clause, which had not been discussed by the two principals, we would be going beyond our mandate. That is why the agreement of partnership is part of the Constitution of this country as we speak today, which was signed by ODM and PNU. If the truth be told, this contest should be about PNU and ODM and not any other party. These are the two parties that are putting us in this mess. Mr. M. Kilonzo and Mr. Musyoka – I am saying this with a lot of respect – were really not part of this Accord. The Accord is clearly between the PNU and ODM. It says that each side cannot govern without the other. PNU cannot govern without ODM. Therefore, there must be constant consultations in making any decisions by the two principals. I am glad Mr. M. Kilonzo has pointed out, that Mr. Speaker has two letters before him. One is written by the President and the other one is written by the Prime Minister. You cannot claim that the Prime Minister is not part of this Government just as you cannot claim that the President is not part of this Government. You cannot also claim that under Section 23 of the Constitution, the executive authority of the Republic of Kenya vests on the President alone. That section says that this House can take those powers from the President. This Parliament has taken away the powers to co-ordinate and supervise the execution of the functions of the affairs of the Republic of Kenya, including Ministries, from the Prime Minister. Mr. Speaker, Sir, finally, this is not a matter that you really cannot invite the House to vote on. Strictly speaking, this is for the Speaker to give guidance on the way forward. The way forward is for the Government that is in place to fix the mess we are now witnessing. In the spirit of the National Accord, the Government should go back and consult and reach concurrence not only on the question of the composition of the House Business Committee but also on the question of who is to become the Leader of Government. That is what the Accord requires. If we are to be true to the spirit of the Accord, we should be able to resolve this matter very expeditiously. Let us not live in the past. Kenyans have sacrificed to put us where we are today. Kenyans want a better country. Kenyans do not want us to be in this stalemate. They want the country to move forward, so that we can bring to this House Agenda Four and the various subjects we are going to deal with under Agenda Four for legislation or resolution. In order to do that, the Government must work as one Government, and not as two Governments. What has been exhibited here since yesterday is that there are two Governments. I dare say that if this continues and we have an electoral commission in place, like in other democracies, we will have no alternative but go for an election, because the Government has become totally dysfunctional. That is the truth of the matter. We are dysfunctional. We cannot agree even on a single Motion relating to establishment of a Committee of this House. Mr. Speaker, Sir, therefore, this is not a matter on which we can vote but rather it is one that requires interpretation on your part. Thank you."
}