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{
    "id": 416700,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/416700/?format=api",
    "text_counter": 84,
    "type": "speech",
    "speaker_name": "Hon. Omulele",
    "speaker_title": "",
    "speaker": {
        "id": 2145,
        "legal_name": "Christopher Omulele",
        "slug": "christopher-omulele"
    },
    "content": "I think it is important because we have seen a situation in this country where all the laws that we pass in this House are scrutinized and cases filed in court with the intention of having them declared unconstitutional. We should not let this noble effort run into such hindrance. We do this by providing in the preamble of the Bill that we are specifically taking affirmative action as envisaged within the Constitution. If we prescribe that there shall be a specific procurement quota set aside for the youth, we run the risk of somebody running to court and saying that we are discriminating against some Kenyans on account of age and probably even gender, et cetera . So, we should make sure that we are safe. We recognise the fact that the Constitution provides that we are just and fair to all Kenyans, but we are addressing a special case in this case. For that reason, we feel that Kenyans are entitled to safeguard the specific procurement quota, which might, on the face of it, appear contrary to the constitutional provisions. Once we do this, we will run into the risk of our brothers rushing to court and saying that the law that we are enacting and our noble intentions are unconstitutional. Hon. Speaker, we also need to look at the definitions that we have set out in this proposal. We might also run into headwinds with the definition of “youthful company” because company law in this country is well settled. It has a long history. We know that in law a company is considered an entity on its own. If we define companies by the ages of their directors, we might face a challenge. Therefore, this is something we might need The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}