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{
    "id": 288378,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/288378/?format=api",
    "text_counter": 492,
    "type": "speech",
    "speaker_name": "Mr. Mbadi",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Thank you, Mr. Speaker, Sir. I will just highlight one issue because the others will be debating the Statute Law (Miscellaneous Amendment) Bill. First of all, let me thank the Attorney-General for taking the step that he has taken. I must admit that I am one of the people who have consulted with the Attorney- General and he has put across exactly what he told me, that he would like to withdraw those sections that are considered by a good number of us as being unconstitutional. However, there is one provision in this Bill that I thought would also be unconstitutional and I wanted to get the reaction of the Attorney-General on what he would do with this because it was not one of the sections that he mentioned. This is Section 112 on page 1141 which touches on the Election Act. He is remembering and inserting a new sub section which is Subsection (b) which says:- “any election held before the first elections for Parliament under the Constitution shall be held in accordance with the provisions of the former Constitution and the law applicable under that Constitution pursuant to section 3(2) of the Sixth Schedule to the Constitution:” To me, this is, trying through a legislation in this House, to bring back a Constitution that has already been repealed by the current Constitution. I cannot understand how we can go ahead and do that. The effect of that, in my understanding, would be to suspend the provisions of the current Constitution regarding elections until the next general Election and I do not understand why we should do that because this would include suspending Chapter 6 of the Constitution on leadership and integrity, and that chapter to me, is very critical now. This is because anybody seeking an elective post needs to be guided by that Chapter. So, I cannot understand why this became necessary. If it is necessary, will it not contradict the Constitution? Finally, the Minister has mentioned the section that is likely to be suspended or removed from the Bill before it goes into the Committee Stage. I wanted to get a reaction from the Minister regarding the Finance Act where a section of this country and a significant one feels that we made provisions in that Act which are unconstitutional. If he has accepted that this particular section which touches on the National Assembly Remunerations Act and the Finance Act is unconstitutional, then the Finance Act, as we have it today is definitely unconstitutional. I would like to get the reaction of the Attorney-General on that."
}