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{
    "id": 523241,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/523241/?format=api",
    "text_counter": 74,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Coming back to that hot matter of the gender rule, it is very good to call a spade a spade. It is good to make it clear that it was the hottest potato to hold in the Tenth Parliament. When it became too hot and the elections were near, we threw the ball to the Supreme Court. I am sure we will still hold it. If it becomes too hot, we will again return it to the Supreme Court. That is the highest court in the land. The people of Garissa Township will elect in free and fair elections any of the gender that they want. Nobody can force them on a particular gender. At least, I can speak for Garissa. I do not know about Rarieda, Seme and many other places. People can volunteer and donate constituencies out of good will, if they feel like it, to the other gender. That should be the beginning. In the Constitution that we promulgated in 2010 - people will agree with me - the governance structure of our country is too expensive. I am sure part of the serious challenge that we are facing in this House is the 349 Members. As hon. Nyikal suggested, if you look at the formula used at the county assembly, in my opinion, it is even unconstitutional. There are county assemblies where 50 per cent of the Members are nominated because of that gender rule, which is unconstitutional. We have a Gender Commission, Committee on Justice and Legal Affairs of this House, the Attorney-General and the CIC. Those are the right people to hold this hot potato. If they cannot hold it any more, please, let us seek an advisory opinion from the seven wise men and women of the Supreme Court. I am sure their decision will not be to shut down Parliament. Parliament has a very strong position in the Constitution. But, I am sure, as you said, it is for the Kenyan people to decide. One of the most brilliant lawyers, the late hon. Mutula Kilonzo, used to agonise over that issue in this House during the Tenth Parliament. We used to tell him “You are the Minister for Constitutional Affairs, that is your baby and where you take it, we do not know”. Later the Supreme Court gave us until 2015. I agree with hon. Gumbo that 2015 is a very special year. It is 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."
}