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{
    "id": 284312,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/284312/?format=api",
    "text_counter": 351,
    "type": "speech",
    "speaker_name": "Mr. Githae",
    "speaker_title": "The Assistant Minister, Office of the Deputy Prime Minister and Ministry of Local Government",
    "speaker": {
        "id": 159,
        "legal_name": "Robinson Njeru Githae",
        "slug": "robinson-githae"
    },
    "content": " Mr. Temporary Deputy Chairman, Sir, I stand to oppose this proposed amendment. I would give three reasons why, in my view, we should not even entertain this proposed amendment. One, what we are passing here today is an ordinary Act of Parliament. The Constitution is superior to an Act of Parliament. The Constitution is very clear that no criminal or civil suits can be preferred against the President while in office. So, in the first place, this is actually against the Constitution on the face of it. Secondly, the purpose of domesticating international agreements is exactly to make sure that they do not conflict with our Constitution. Otherwise, it would have been very easy--- I know of one country which has adopted all the international agreements expressingly. That means that once a country has ratified an international agreement, automatically it becomes part of their domestic laws. In this country, we have not done so. Therefore, every international agreement ratified by this country must be brought to this Parliament for domestication. Thirdly, even under the Vienna Convention, the President has diplomatic immunity. If we include this amendment, it will go against the Vienna Convention. Fourthly, we December 11, 2008 PARLIAMENTARY DEBATES 4077 have many busybodies in this country. If we allow this, the President will have no time to perform his official duties. He will be sued right, left and centre."
}