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{
    "id": 336512,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/336512/?format=api",
    "text_counter": 383,
    "type": "speech",
    "speaker_name": "Prof. Muigai",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 408,
        "legal_name": "Githu Muigai",
        "slug": "githu-muigai"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, my attention has been drawn to the proposed amendments to the Elections Act by Mr. Midiwo, and I have had a discussion with the gentleman and also with Mr. Muthama. I have assured them that I am familiar with the decision of the High Court of Kenya at Nairobi, Milimani Law Court Case No.198 of 2011. The parties were Mr. Muthama against the Minister for Justice, National Cohesion and Constitutional Affairs and the Attorney-General. In this case the learned Judge, Hon. Lady Justice Mumbi Ngugi, among other findings found that Sections 22(1)(b) and 24(1)(b) of the Elections Act, 2011, which bar persons not holding a post-secondary school qualification from being nominated as a candidate for an elective office or for nomination to Parliament to be unconstitutional and in violation of the petitioners’ rights under the Constitution. I believe that I have persuaded both gentlemen to leave the amendment that they desire to move before this House until we are ready to debate the Statute Law (Miscellaneous Amendments) Bill, which seeks among other things to amend the Elections Act in some fairly broad manner. I have also assured both gentlemen that as neither the Attorney-General nor the Minister for Justice, National Cohesion and Constitutional Affairs has challenged, or appealed the judgement of the court in petition No.198 of 2011, this remains the law. These sections stand repealed by order of the court, unless otherwise amended or varied by this House. Therefore, I see no urgency for these particular amendments to be moved. I have also undertaken to the two distinguished hon. Members that I will communicate this position to the Independent Electoral and Boundaries Commission in those terms, unless they themselves have otherwise obtained a different order, which is not within my knowledge."
}