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"type": "speech",
"speaker_name": "Hon. Ababu",
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"speaker": {
"id": 108,
"legal_name": "Ababu Tawfiq Pius Namwamba",
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"content": "Thank you, Hon. Deputy Speaker. I want to buttress the position taken by my honourable senior, Olago Aluoch. In doing so, I want to start my submission with the rules of this House because we are a House of rules, a House of record and a House of traditions. Standing Order No.47 partly states in paragraph (3), sub-paragraph (b); that if the Speaker is of the opinion that any proposed Motion is contrary to the Constitution or an Act of the Parliament, he may direct either that the Motion is inadmissible or notice of it cannot be given without such alterations as he may approve or that the Motion be referred to the relevant committee of the Assembly, pursuant to Article 114 of the Constitution. Therefore, the issue we are raising is perfectly within the Standing Orders. This House can bring to the attention of the Chair the possibility that a Motion such as the one we are about to debate contains provisions or proposals that may amount to unconstitutionality. That is what we are doing. The issues that have been raised by Hon. Olago Aluoch raise the possibility that if we debate this Motion with some of the proposals contained therein, we may be considering matters that are ultimately unconstitutional. For avoidance of doubt, and for the benefit of my honourable colleagues, I want to refer to pages 214, 213 and 215 of the Report that has just been moved for the record so that we know exactly what we are talking about. Without belabouring the point, I will draw the attention of my honourable colleagues to paragraph 659 of the Report, which runs from page 214. Specifically, on page 215, paragraph 659(7) reads as follows: “After the names of candidates are forwarded to the Independent Electoral and Boundaries Commission, a candidate who changes their party shall not be eligible to contest in an election as a candidate of the new party or as an independent candidate”."
}