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"speaker_name": "Mr. Ochilo-Ayacko",
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"content": "Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to give my remarks on this very important Motion. Mr. Deputy Speaker, Sir, any person with a little knowledge of jurisprudence will not rise to oppose this Motion. The legislative authority of this country is conferred unequivocally upon this House. We know that any treaty that affects the rights and responsibilities of citizens of this country is by extension legislation. Any attempt at legislating outside this House is in itself a joke. I am sure that any properly constituted court even made by people who are trying to practice law or who do not understand law, will throw out that attempted amendment. Mr. Deputy Speaker, Sir, we have had a fiasco in this country and that has been orchestrated by our Government. We are now a laughing stock in this part of the world and yet we are expected to be in the leadership of formation of legislation and the economy of this region. In my other political life as a Minister, I had occasion to attend functions spearheaded by the President and I saw the excitement that the Heads of States of the respective East African Governments had towards the formation of the East African Co-operation. I am aware that there are certain Heads of States who are looking forward to the creation of a political federation like yesterday. So, when a country that is expected to be offering leadership is the one pussy-footing between one concept and the other, it is a shame to this country. Mr. Deputy Speaker, Sir, however, I would like to tell you that I also had occasion to discuss with legislators from Tanzania. When they listened to the argumentations that were being preferred by learned counsel from Kenya, they were taken aback. In fact, they were thinking that Kenya, in its usual cacophony or arguments, would derail the co-operation. I totally, as a person with legal knowledge and, at the risk of bragging, a person who is properly schooled, do not understand why a decent Government is opposing this kind of Motion. We know very well that Article 150, particularly in terms of bringing together hon. Members of the East African Assembly is the one that has created this mischief. It has been correctly captured that political intrigue is the one that is creating the situation that we currently have. Instead of trying to further this intrigue and mischief by purporting to give a body like the Cabinet authority to bind and affect the lives of Kenyans without actually recoursing to the people's representatives, we must, as a House, not cede an inch to that kind of manoeuvre. It is this House that is properly mandated under the Constitution. It is this House that is properly mandated under any known jurisprudence, even in the communist world, to legislate on behalf of the people of this country. So, any attempt to amend a treaty that is going to affect how the people of this country relate with other people, or how other people relate with the people of this country must be spearheaded by this House or, at least, ratified by this House upon persuasion by other organs of Government. Mr. Deputy Speaker, Sir, I want to thank my friend, hon. Moses Cheboi, who I hold very dearly because we were in college together the same year, for thinking of how to rescue this country from the mess that some people are trying to put this country in. This mess can be quickly sorted out by adopting the principle that is the hallmark of multi-party democracy, which is negotiations and compromise. It cannot be solved in any other way by trying to use might as right or numbers to bludgeon those who are few in numbers. 1362 PARLIAMENTARY DEBATES May 16, 2007 In the past, this House, before the return of multi-partyism, had been bludgeoned by the Executive. If you can remember, in the First Parliament, we ceded a lot of authority to certain institutions, including the then ruling party. They could actually remove a Member of Parliament by constituting some quasi and amorphous or kangaroo courts called disciplinary committees. The trend that is being adopted, in terms of this treaty, is to return this country to the dark ages. I believe that any right thinking hon. Member of this House must stand firm and protect and guard the sovereignty of this House in terms of legislation. If any person is in doubt of this, then I am sure that somewhere down the road, this matter will end up before the Judiciary and we will end up arguing. Remember that the little argument that took place in Arusha that, actually, annoyed Tanzanians, Rwandese and Burundians was done at the expense of the Exchequer. There were some lawyers who were paid over Kshs100 million, for pretending to be arguing things on behalf of this country. In fact, that was one way of fraudulently using money that is supposed to be used for the benefit of those people. That argument should not have caused the public over Kshs100 million, paid to lawyers who are in the right books of the Government. In order to avoid future expenditures of this nature, we should, as a House in our magnanimity and patriotism, accept that this is the best Motion that has been brought in the interest of the East African Co-operation and support Mr. Cheboi who is trying to reinstate the authority and sovereignty of this House on legislative matters. The Cabinet which is normally advisory to the President and by extension, a tool for the President cannot purport to ratify or legislate for the people of this country. That would be terrible. It would be reversing concepts that are known in law. We must all stand up and resist it. With those very few remarks, I beg to support."
}