Entry Instance

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

{
    "id": 273994,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/273994/?format=api",
    "text_counter": 456,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "the entire Memorandum of the President was brought to this House. He is telling this House and the people of Kenya that there is no equivalent to the provisions of the National Security Council at the county level when the law he, himself, assented to, is in black and white. The President can read and write, and he assented to this law. So, those who advise the President misadvised him when they told him that there is no provision for this. The foundation upon which this Memorandum was brought to this House is lacking and it is without substance. So, it does not matter whether they change the dates or whether they change the clause from 30 to 32, the most important aspect here is that there is, indeed, a county equivalent to what the President is saying is not there. So, that is why we came to a suggestion with the Attorney-General and the leadership of the Government that we must find a way because the law is clear, rather than provide a basis for somebody rushing to court and making this Parliament look extremely foolish for passing a law on the basis of ignorance. Parliament, in its great wisdom and the President, in his greater wisdom, found it necessary to assent and make the law of this land. So, if that is the case, what does this mean in terms of the Constitution? If the President wants to introduce, through the backdoor, a system of government that fails to decentralize provincial administration as we did in this House, at the request of the Deputy Prime Minister and Minister for Local Government; so that he can retain the Provincial Administration - the PCs, DCs and the DOs - that contravenes directly Article 174(h); the one I read to you. Therefore, it is contrary to the Constitution and it is inadmissible also under Standing Order No.47. Standing Order No.47 which you are familiar with says:- (3) If the Speaker is of the opinion that any proposed Motion- (b) is contrary to the Constitution without expressly proposing appropriate amendments to the Constitution. That Motion is inadmissible and we will be breaking the law even to consider it in this House. That is why I was at pains to point out to the Government that it was a great embarrassment for them to come to this House and pretend that there is no law in place and, therefore, bring through the backdoor, amendments that were designed to ensure that the provisions of Article 174 on the Decentralization of State Authority from Nairobi to the counties is in place. That is what they are trying to do though the backdoor. It is contrary to the Constitution and ought not to be allowed. That is the reason why I am asking you not to allow further debate on this because it is unconstitutional. We will be participating in an illegality to discuss this Memorandum which on the face of it is unconstitutional for the reasons that I have given you. You must reject or, at least, adjourn and report to the House for consideration in plenary in accordance with the Standing Orders."
}