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"speaker_name": "Mr. Mbadi",
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"content": "Mr. Chairman, Sir, first of all, I would like to say that personally, I am persuaded by the reasoning of hon. Ababu Namwamba on Standing Order No.141 – that a Committee of the House is an extension of the House. Having said so, there was an amendment which was accepted yesterday. That amendment was moved by hon. Githae. I want to read the amendment from the HANSARD. Section 14(5) was stopping the idea of a person belonging to a political party, yet propagating and championing the interests of other political parties. Section 14(4) says as follows:- “14(5) A person who while being a member of a political party- (a) forms another political party; (b) joins in the formation of another political party; (c) joins another political party; (d) in any way or manner, publicly, advocates for the formation of another political party, that person commits an offence. Mr. Chairman, Sir, the amendment that was moved in respect of this Clause and adopted yesterday says that Clause 14(d) and (e) shall not apply to a member of a political party in relation to the common objective of a coalition. I want to give an example to this House. Today, we have the Grand Coalition Government of ODM and PNU. If we allow this amendment, hon. Mbadi, who was elected on an ODM ticket, can go out there and publicly advocate for the formation of another political party, so long as I can convince you that it is in relation to the “common objective of a coalition”, which is not defined. Therefore, this is a mischievous amendment, which was meant to legitimise the idea of party-hopping. It was meant to legitimise the idea of those who are currently facing court action. They want to use this amendment to escape the intention of their parties wanting to discipline them. I do not think we were making this law for G7 or, as hon. Karua called it, “G-nothing” or “G-anything”. We are making a political parties law to govern this country for posterity. Since we all swore to defend and protect the Constitution, we have a duty to stop legislation contravening the Constitution at any stage, because the Constitution is superior to any other law, including the Standing Orders of this House."
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