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"speaker_name": "Mr. Muthama",
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"content": "Madam Temporary Deputy Chairlady, I concur with hon. Linturi because the Minister is not being straightforward with what he is saying. This is not a matter of the Minister trying to make the decision that he thinks is suitable. He is being compelled by a court of law to vacate and delete this Article. Paragraph 70 of the same ruling, which I beg to read for a minute for the above reason, says: “I find and hold that Section 22(1) (b) and Section 24(1)(b) of the Elections Act 2011 which bar persons who do not hold post secondary school qualification from being nominated as candidate for elective office or nomination to Parliament, to be unconstitutional and in violation of petitioner’s rights under the Constitution.” In the same context, what the Minister says contradicts the Constitution in Article 38 (2) which says:- “Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for- (a) any elective public body or office established under this Constitution; or (b) any office of any political party of which the citizen is a member. The Minister should just tell the House that he is going to delete Regulation 46 and make sure that the same text does not appear in the Elections Act, 2011 because a ruling has been given."
}