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"id": 35316,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/35316/?format=api",
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"type": "speech",
"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 47,
"legal_name": "Mutula Kilonzo",
"slug": "mutula-kilonzo"
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"content": " Thank you for that information. I am glad and I wish NARC Kenya could drop a letter to me so that I can find out where and why orders of the Tribunal should not be honored. We propose that a party’s constitution and its rules as well as its coalition agreement, if any, must provide for dispute resolution mechanisms and procedures. You will find that in clauses 9(1) and 10(4). We are also proposing that a dispute should only be referred to the Political Parties Dispute Tribunal after first exhausting the internal political party or coalition dispute resolution mechanism. This we believe is in keeping with the constitutional principle of promoting alternative dispute resolution mechanisms in Article 159(2)(c) of the Constitution. Mr. Temporary Deputy Speaker, Sir, there are very many other fundamental provisions, but since my work at this point is to propose this law, I am happy that I have done so. For me it is a privilege and an historic moment. You will recall that I have worked with political parties continuously now since 1979 and I have come to recognize the importance of political parties. In Clause 21, you will find that we have provided for deregistration of a political party, particularly when it contravenes Article 91 of the Constitution. That is when it does not promote free and fair nomination of candidates; it does not adhere to the law regarding the nomination of candidates and it does not respect national values and principles of the Constitution. This is a fundamental law and I recommend it to this House as well as to the country without fear or regret. We have also made similar provisions. You will also notice that for the first time in the country’s history we are proposing stern measures to be taken against those who jump from one political party, like grasshoppers, to another. This is because it undermines the principle of democracy in this country. We want to make sure that if you have decided that you want to move from one party to another, you do so in an orderly fashion. You do not merely cause friction in the country and you do not continue gallivanting all over the place carrying two hats in one head; wearing one today and another one tomorrow and in the process you confuse our population. Therefore, this is a law whose time has come. Mr. Temporary Deputy Speaker, Sir, I want to draw your attention to the Schedules which are very important. We have for the first time in the history of this country introduced a code of conduct for political parties. You will find that on page 525. The regulations are very nicely worded although they will benefit from the wisdom of this House. You will see on page 526(4) of that particular schedule that political parties shall promote policy alternatives responding to the interests, concerns and needs of the citizens of Kenya. For example, during this drought and hunger, political parties are not seen just to be hungry for power as opposed to caring for the welfare, cost of living and everything else for the country. Again, in subclause 5, you will see we have made very extensive proposals. For example, in sub-clause 6, on page 526, we have required every political party by law - if this House accepts this - mandatorily to respect, uphold and defend the Constitution of Kenya; (c) to respect, uphold and defend their respective party constitutions, party election rules, party nomination rules and any other party rules or regulations developed and so on. Under Schedule 2 on page 529, again, we have attempted to get out of the box. We are providing for the contents of the Constitution or rules of a political party. We are showing you that if you present a constitution without these requirements you will not be registered. On page 530, for example, sub clause 8, we are requiring that each governing body of a political party should show clearly its name, the eligibility criteria for election to the governing body, positions, titles and term of office, the rights and duties and so on. Therefore, this is a law whose time has come. For me, it is a privilege to be able to present it to you this afternoon On page 534 in the Third Schedule, we have shown the basic requirements for coalition agreements. Again, arising from our own experience, we cannot continue solving problems using the techniques that created the problem in the first place. Therefore, we have recommended under Clause 10(4) of the Bill that the country will have basic requirements whenever a coalition is being made. In this regard, I would like to remind the House that coalitions are allowed both pre and after elections, particularly under Article 108 of the new Constitution. Mr. Temporary Deputy Speaker, Sir, it is also fair that I mention to you because of issues that Mr. Nyamweya raised that I have received recommendations in writing from the Kenya Integrity Forum on the issue of election expenses. I will present these proposals to the CIOC of this House, so that they may be considered at the time of the Third Reading of the Bill because they are very important proposals. I agree with them that Kenya is now well advised to pass a new law covering election expenses. The Bill is already submitted to the CIC. Also for purposes of when we come to Third Reading, I have received very elaborate proposals from the Disability Caucus on the Implementation of the Constitution comprising the disabled because they think that they have been ignored. It is a long letter dated 7th July and I will also present it forward. With those many remarks on such a fundamental issue, I beg to move. My learned friend, Mr. Njeru Githae, has agreed to second the Bill."
}