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{
    "id": 203997,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/203997/?format=api",
    "text_counter": 345,
    "type": "speech",
    "speaker_name": "Mr. Kajwang",
    "speaker_title": "",
    "speaker": {
        "id": 164,
        "legal_name": "Gerald Otieno Kajwang",
        "slug": "otieno-kajwang"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, let us look at the spirit of the recommittal. If the Attorney-General is correct that the spirit was right, except that the drafting was such that it could be construed to be unconstitutional or interpreted as unconstitutional or in conflict with Section 40 of the Constitution, then he should have brought an amendment that captures the spirit and which is within the Constitution. By merely deleting this amendment, it is September 13, 2007 PARLIAMENTARY DEBATES 3955 taking us where we do not want to be. This House does not just move in a certain direction. We move into a certain direction because we know the problems that we are getting away from. Members of this House were elected according to certain parties. I think KANU even went to court and argued that their its Members were appointed to the Government unconstitutionally. Mr. Temporary Deputy Chairman, Sir, there is a provision in the Constitution itself on how to appoint Ministers from the party of the Government in power. However, if you want to appoint Ministers from other parties, then it must be in concurrence with that party. So, this concurrence, and the way we argued last time, is what was disobeyed by the Government. That is what we wanted to clarify in this amendment. Concurrence means that you get a letter from that party you want to \"poach\" from. If the Attorney-General is really serious that this provision is unconstitutional, but the spirit is right, we would have expected him to say, \"Delete this, but replace it with this, which captures the spirit.\" He knows the spirit. So, I think the Attorney-General is not coming here with clean hands."
}