Entry Instance

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

{
    "id": 221237,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/221237/?format=api",
    "text_counter": 188,
    "type": "speech",
    "speaker_name": "Mr. Muite",
    "speaker_title": "",
    "speaker": {
        "id": 235,
        "legal_name": "Paul Kibugi Muite",
        "slug": "paul-muite"
    },
    "content": "Thank you, Mr. Deputy Speaker, Sir. First, I would like to raise a few issues of legality. I would like to draw the hon. Members' attention to Article 152 of the Treaty, which appears on page 319 of the Treaty. It says:- \"The Treaty shall come into force when ratified by all member States.\" The Treaty requires ratification by all member States. So, the issue is beyond any argument, namely, that for the Treaty to become operational, it must be ratified by each member State; Otherwise, it cannot become operational. Mr. Deputy Speaker, Sir, Article 150(6) says:- \"Any amendment to this Treaty must be ratified by the member States.\" So, the question is: How does a State ratify a treaty or an amendment? The original Treaty itself could not legally have come into force without being ratified by the member States. Equally, no amendment can become legally-binding, until that amendment is ratified by the member States. Mr. Deputy Speaker, Sir, now, the Government of the Republic of Kenya brought the Treaty for East African Co-operation to this House for ratification. It is this House which ratified the Treaty for East African Co-operation. Therefore, it must follow, by parity and force of reasoning, that if the Treaty itself requires to be ratified by the National Assembly of the Republic of Kenya, and it also requires an amendment to be ratified, surely, the same body that ratified the Treaty must be the body to ratify the amendment. That body is the National Assembly of the Republic of Kenya. That is the body which is legally empowered and mandated to ratify the original Treaty and any amendments to it. In fact, when you look at the Act of Parliament, to which the Treaty was annexed, it is an Act of Parliament for giving effect to certain provisions of the Treaty for the establishment of the East African Community and for connected purposes."
}