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{
"id": 43083,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/43083/?format=api",
"text_counter": 284,
"type": "speech",
"speaker_name": "Prof. Ongeri",
"speaker_title": "The Minister for Education",
"speaker": {
"id": 124,
"legal_name": "Samson Kegeo Ongeri",
"slug": "samson-ongeri"
},
"content": " Mr. Speaker, Sir, when this Constitution was being made, it was done in good faith. I think that is the basis upon which this Constitution was formulated and, finally, promulgated. Secondly, there was obviously in the eyes of the drafters, an indication that there would be moments when the new Constitution may not translate itself on the very day of promulgation, hence the transitional clauses which were inserted in it. Schedule VI clearly stipulates which sections of the old Constitution were saved. I want to submit to you that in the process of making your submissions, it might have not been feasible at that time to anticipate or, for that matter, to know that such an important element of Budget would not have been one of those transitional clauses saved in order to be able to make a smooth transition to the new Constitution. Why am I saying so? Any decision in this House in rigorously following Article 221 of this Constitution is not without extreme repercussions. I think we must remind ourselves as Members of Parliament that there will be repercussions. Unless we think through the way we handle these repercussions, we may find ourselves in a situation of paralysis. When we are in paralysis, there will be no remedy even through the very same instruments of the Constitution that will tell us what will be the next move. What do I mean? If this Budget is not read--- I do not think it is a Budget being read; but a presentation of a policy statement of estimates. So, we must differentiate from the actual Budget and policy estimates by the Minister for Finance. For this matter, it is the Cabinet Secretary responsible for finance. This being just a policy statement, it can be tabled and referred back to the relevant Committee, so that they can then channel the details to this House for further debate. If we do not allow that policy statement to be read on the requisite day, in accordance with the rest of the agreement with the East African States, what it means is that come 30th June, both Parliament and all the institutions that we are supposed to be protecting and promoting will come to cease. Mr. Speaker, Sir, if they cease, what next? This is because there will be no resources appropriated to run these services, including this august House which has been mandated to develop and be able to make sure that laws are in place. Mr. Speaker, Sir, so, in your ruling, look at the wider picture in this country. What happens after 30th June? You have a remedy to it. If you do not, does this Constitution have a remedy for it? I propose to you it does not and, therefore, it is my submission that you must consider that this might have been one of those omissions of transitional clauses that should have been captured at that time, but were not foreseen. Thank you, Mr. Speaker, Sir."
}