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{
    "id": 237751,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/237751/?format=api",
    "text_counter": 243,
    "type": "speech",
    "speaker_name": "Mr. Marende",
    "speaker_title": "",
    "speaker": {
        "id": 289,
        "legal_name": "Kenneth Otiato Marende",
        "slug": "kenneth-marende"
    },
    "content": "On a point of order, Mr. Speaker, Sir. I am also obliged for the direction which you have given. You have indicated that the House has no role to play in this process going by previous precedence as recorded in the HANSARD. However, article 50 of the East African Treaty governs this exercise. This is the treaty which establishes the East African Legislative Assembly. In Article 50, it is expressly provided that the \"National Assembly of each partner States shall elect\". These are the key words. That process, therefore, is expected by that article to be elective. So, that if any rules have been promulgated that are in contravention of that article, then to the extent that they contravene that article, they are null and void. Mr. Speaker, Sir, that rule notwithstanding, I have had the opportunity to peruse the rules which this House adopted in November or October, 2001, which are the rules that you are referring to. Among other things, under Rule 5(4), it is provided expressly that the party leader or the party whip of each party entitled to nominate candidates shall deliver the nomination papers of the candidate or candidates nominated by the party to the Returning Officer for onward transmission to the House Business Committee. What is significant here is that the delivery of the nomination papers of the nominated candidates is done by one of two persons in respect of each party. It is either the party leader or the party whip. It cannot be both. We have a situation whereby the two persons have nominated and presented two lists of their preferred candidates and I have reliable information. I have learned from the party leader of NARC; the ruling party, hon. Ngilu, that she, in fact, transmitted the nomination papers of the nominated candidates by her party but the party whip presented a list which is different from the one presented by the party leader. That being so, it means that there is no valid nomination from NARC, because we cannot have two sets of nominations. The rules anticipate that there will be only one set of nominations, either done by the party leader or the party whip and not both! I seek your guidance, Mr. Speaker, Sir."
}