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{
    "id": 319236,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/319236/?format=api",
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    "speaker": null,
    "content": "not proper for yourself as an occupant of the Chair at this moment, to be placed under any undue pressure that you have to make a ruling or you have to interrupt this very hilarious interaction or anything like that. But let me draw your attention to just two things. One, I want to draw your attention to Transitional and Consequential Provision of the Constitution. Specificially, Article 2 talks of suspension of provisions of this Constitution. Article 2(1)(b) is emphatic that the following provisions of this Constitution are suspended until the final announcment of all the results of the first elections for Parliament under this Constitution. One of those provisions that are suspended is Cap.8 except that the provisions of the chapter relating to the election of the National Assembly and the Senate shall apply to the first General Election under this Constitution. That provision therefore, that the hon. Member is referring to, as far as this Constitution of the Republic of Kenya is concerned, is suspended and therefore, inapplicable in the circumstances. Mr. Temporary Deputy Speaker, Sir, the hon. Member has argued and I can hear him whispering behind me that this clause is carried word for word, mutatis mutandisv erbatim from the old Constitution but that is immaterial. That is subject to pedantic argument in a court of law. What matters is not what was in the old Constitution; what matters is what is in this Constitution right now. What is in this Constitution right now is that Cap. 8 of the Constitution of the Republic of Kenya states, save for the provisions that are expressly provided in Article 2(1)(b) are suspended until after the next election. Secondly, and the final point is that that particular clause, even if you were to engage in a philosophical theoretical argument for the sake of argument and you were to say that these Members in the Speaker’s Panel were to be elected, then the process of electing these hon. Members has not been specified or elaborated in this Constitution. Election could be by reason of nomination by respective parliamentary parties and by tacit acceptance by this House. Tacit, in the sense that there has not been any objection to the Members of the Speaker’s Panel to serve in those positions this far. Therefore, other than for the comic relief offered by this very interesting interaction, I do just find that this argument is frivolous and is absolutely---"
}