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{
    "id": 221346,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/221346/?format=api",
    "text_counter": 297,
    "type": "speech",
    "speaker_name": "Mr. J.K. Koech",
    "speaker_title": "The Minister for East African Community",
    "speaker": {
        "id": 310,
        "legal_name": "John Kipsang Koech",
        "slug": "john-koech"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, that is because the Motion is ultra vires . Even the Act that was read out by Dr. Kituyi today, does not show that Parliament has powers to do this. So, Parliament cannot usurp powers it does not have. That bit is very clear. Even in the East African Community Treaty, it is very clear. Mr. Temporary Deputy Speaker, Sir, I now want to correct something which has been blown out of proportion. The East African Court of Justice has passed its judgement, and we are not challenging that judgement. The judgement was that there was no election in the Kenyan Parliament. The reason as to why there was no election in Parliament is that the procedure that was adopted by this House in 2001 was wrong. That is why we were challenged by the East African Court of Justice. The court said: \"We cannot allow Kenya to continue making mistakes. They made mistakes in 2001 by following a procedure which does not show election in the Chamber\". That is 1372 PARLIAMENTARY DEBATES May 16, 2007 why the court ruled that an election must be done here. We have got to bring the names here and vote for them. Once the names have been voted for, we will be deemed to have had an election. Mr. Temporary Deputy Speaker, Sir, the procedure that we adopted in 2001 was adopted selfishly to serve the interests of the proponents of those who challenged us in Arusha. They are the people who brought that procedure to Parliament in 2001. They brought that procedure for selfish motives. We need to tell Kenyans the reason as to why they brought that procedure. During that time, the Government had more KANU Members of Parliament. Their argument then was that if the matter was brought to the Floor of this House, KANU would send more Members to the East African Legislative Assembly in Arusha. So, it was agreed, in accordance with the procedure that was adopted here, that once the Sessional Committee approved the proposed names, the list should be tabled in the House. That is what we did in accordance with the procedure that was adopted by this House. Mr. Temporary Deputy Speaker, Sir, the late hon. Anyona tried desperately to change that procedure, but Parliament rejected his amendment to the Motion. So, they allowed for the list of the proposed names only to be tabled in Parliament, which was the procedure. So, do not accuse the Government. We are using the procedure that was adopted in 2001 for election of Members to the East African Legislative Assembly. So, the nation should know very clear that it was not the Government side which is wrong, but rather the selfish motives of those who went to Arusha to challenge the Government. With those remarks, I beg to oppose."
}