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"id": 221236,
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"speaker_name": "Mr. Cheboi",
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"legal_name": "Moses Kipkemboi Cheboi",
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"content": "Mr. Deputy Speaker, Sir, perhaps, the reason as to why the initial East African Community collapsed in 1977 was lack of proper involvement of the citizenry in its deliberations. There was also the issue of mistrust and disagreement among the Heads of State. As a result, the gains that we could have accrued were sacrificed. I always refer to France and Napoleon when it comes to issues of history. If we go to history, the genius Napoleon Bonaparte of France did so much for the French Republic. He even created the French Empire. Part of the reason as to why it collapsed was because all the time, the emperor referred to his immediate friends and relatives, and failed to consult the citizens. He could, at one point, go into a treaty with the Pope and other countries. The empire could not last because there was no consultation. Specifically, Article 50 of the Treaty provides that any amendment to the Treaty may be done at any time upon agreement by all the partner States. It further provides that once such amendments are deliberated upon, it is only the Summit which will discuss them and the matter will come into force. It also provides that the only condition is that the citizens must be consulted and that, that will be done by them being given a chance to look into them within 120 days before the changes are effected. However, the Treaty is silent on the institution or persons to be consulted in the partner States. That gives the Executive a lot of leeway in amendment of the Treaty, without recourse to the people's representatives, which is Parliament. Mr. Deputy Speaker, Sir, the rationale of involving Parliament before any change to the May 16, 2007 PARLIAMENTARY DEBATES 1355 Treaty is effected is to ensure that the Executive is not allowed to commit the country to any undertakings that have long-term national implications without involving a significant proportion of the nation. Given the central and prominent role that the Parliament of each country plays in governance, and Parliament being an institution of democratically elected representatives of the people, the citizens should be allowed to have a say in effecting such changes to the Treaty by having those changes brought to the National Assembly for ratification. It is an accepted practice internationally that the National Assembly, being the representative body of each country's people, should be given a chance to approve treaties, protocols or even agreements of any country. For instance, before effecting the proposed amendment to the Treaty that we saw in the last few days to create a higher court within the East African Community, the citizens and the National Assembly should have been involved. Sometimes when we do things without due consideration, it becomes extremely difficult for us to trust the East African Community (EAC). Mr. Deputy Speaker, Sir, I will be very brief because I know that many hon. Members want to contribute to this Motion. Considering that Article 8 of the EAC, that is, the EAC organs, institutions and laws, takes precedence over similar national ones, on matters pertaining to implementation of the Treaty--- Indeed, if that is the case, we must allow Parliament to ratify any amendments that are made to the Treaty. Mr. Deputy Speaker, Sir, I beg to move and request hon. Muite to second the Motion."
}