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{
    "id": 203994,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/203994/?format=api",
    "text_counter": 342,
    "type": "speech",
    "speaker_name": "Mr. Wako",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 208,
        "legal_name": "Sylvester Wakoli Bifwoli",
        "slug": "wakoli-bifwoli"
    },
    "content": " Mr. Temporary Deputy Chairman, Sir, it is clearly unconstitutional, particularly in reference to Section 40 of the Constitution in as much as the provision is stated here. I reminded this august Assembly that this is the same argument that we had. This National Assembly had passed the Election Rules of the Members of the East African Legislative Assembly and had stated that as soon as the House Business Committee finds the nine Members and the Leader of Government Business lays the names of those nine Members on the Table, those Members shall be \"deemed\" to have been elected. That was found to be in contravention of the Treaty of the East Africa Community (EAC). In as much the Treaty of EAC said, \"elected\", it did not provide for election. Here, also, Section 40 does not provide--- You either resign or you do not resign! There is no question of \"deeming\" their resignation. So, those are the arguments I made then. This House passed them and I went away. It is hon. Muturi who said - I think he saw the reasoning in my submissions - that he will be asking for this particular clause, which we had passed, to be recommitted. I believe he was helped by the Clerk, who gave me the things that I read out. Mr. Muturi is not here. Had he been here, I am sure he would have moved that this new subclause, which you passed, be deleted."
}