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{
    "id": 221285,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/221285/?format=api",
    "text_counter": 236,
    "type": "speech",
    "speaker_name": "Mr. Marende",
    "speaker_title": "",
    "speaker": {
        "id": 289,
        "legal_name": "Kenneth Otiato Marende",
        "slug": "kenneth-marende"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, in my interpretation, the function of ratification is exclusively that of Parliament. Under Article 152 it is provided expressly that the Treaty shall be ratified by the partner state. A State as constituted in law comprises of the Executive, Legislature and the Judiciary. The organ that is representative of the views of Kenyans in this context would be Parliament. It is Parliament which incorporates and captures the views of Kenyans and therefore, the State of Kenya speaks through Parliament. Indeed we have a precedent. In Tanzania, ratification had to be debated and deliberated by the Tanzanian Parliament. Why should we be an exception? Mr. Temporary Deputy Speaker, Sir, as we speak today, although we profess to be promoters of the integration of the East African States, we are in fact holding back the integration of the East African Community by our actions. Mr. Temporary Deputy Speaker, Sir, the Legislative Assembly of the East African States ought to have convened and been meeting since February this year. It has not been able to do so because Kenya has not put its act together. Kenya has not been able to nominate its representative to the Assembly as it is duty bound. We are not living by what we profess to be. It is a sad spectacle that this country should hold institutions of the East African Community from proceeding with their functions. At this point I have in mind the East African Court. That court is now being obstructed by the actions of Kenya because we are unable to respect a valid and legitimate judgement of a court. All the circus that we are now witnessing is an attempt by the Kenyan Government to circumvent the judgement of the East African Court (EAC). It is legislating and making provisions that will circumvent that judgement. It is my submission that, that manner of doing things is parochial, selfish and, obviously, does not promote the interests of the East African May 16, 2007 PARLIAMENTARY DEBATES 1367 Confederation. To target the removal of two judges who, coincidentally, originate from Kenya is a very unfortunate development. It should not be a principle that governs any state that is self- respecting and that proposes to uphold and subscribe to the rule of law. Mr. Temporary Deputy Speaker, Sir, finally, it is unfortunate that, as development stands now, we have been unable to respect the provisions of the treaty as they are today, notwithstanding whatever amendments we may be proposing now. Mr. Temporary Deputy Speaker, Sir, Article 150 of the Treaty, as it stands today, says that we ought to generate membership of the East African Legislative Assembly (EALA) through an electoral process. Indeed, we claim to be the most democratic country. How else do you uphold democracy if you are unable to respect the process of elections? Mr. Temporary Deputy Speaker, Sir, with those remarks, I beg to support."
}