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{
    "id": 43075,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/43075/?format=api",
    "text_counter": 276,
    "type": "speech",
    "speaker_name": "Mr. Namwamba",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "Mr. Speaker, Sir, the second point I want to make is that the Minister for Justice, National Cohesion and Constitutional Affairs has appropriately made reference to Article 259 of the Constitution in terms of construing this Constitution which among other things, provides that this Constitution shall be interpreted in a manner that, among other things, promotes its purposes, values and principles. I want to refer him, so that he does not selectively make reference to the Constitution, that among the national values and principles that are enshrined by the same Constitution and which Article 10 indicates that they must guide interpretation and application of this Constitution are the following: Those values include, participation of the people. That is among the most important values that Article 259 makes reference to. Participation of the people is given a window through Article 221. So, you cannot make reference to Article 259 and ignore Article 10 that lists the specific values that must guide the interpretation and application of this Constitution. Finally, this House has already set a precedent. We should have witnessed a State Opening of this current Session of Parliament if we were to follow in the traditions of pomp, fanfare and colour, the kind of ceremony that the Budget brings to this House. Mr. Speaker, Sir, I believe walking in light of Article 31(2) that I made reference to at the beginning, this House already set a precedent by breaking with that tradition and living by the values of this Constitution and doing away with the State Opening of this Parliament. I am not saying that the Minister for Finance cannot submit estimates to this House. What we are saying is that there is no longer space for the pomp, fanfare and ceremony of budget-reading before this House. In doing so, in making that presentation, he must live by Article 221. To conclude let me just emphasize that no treaty, no international convention, no international legal instrument can be superior to the Constitution of the Republic of Kenya. Mr. Speaker, Sir, we should actually know we have a legal culture where upon ratification becomes part of our law, when or change our Constitution, especially the mother law, which is this Constitution, it automatically renders redundant any other law, including international treaties, that may go against the letter and spirit of this Constitution. Therefore, it is not right to argue that we are bound by East African Community treaties to an extent superior to this Constitution."
}