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{
    "id": 69041,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69041/?format=api",
    "text_counter": 472,
    "type": "speech",
    "speaker_name": "Dr. Nuh",
    "speaker_title": "",
    "speaker": {
        "id": 114,
        "legal_name": "Nuh Nassir Abdi",
        "slug": "nuh-abdi"
    },
    "content": "On a point of order, Mr. Speaker, Sir. I rise on a point of order with a very heavy heart to seek your guidance. I want to draw your attention to the Constitution of Kenya. The constitutional provision No.25 says that the Commission on the Implementation of the Constitution and the Commission on Revenue Allocation shall be constituted within 90 days after the effective date. Mr. Temporary Deputy Speaker, Sir, everyone can be drawn to the attention of the zeal with which on the night of 25th when we were to pass the Motion to approve these two Commissions, I begged the House that we go ahead. I also want to draw your attention to Section 2(3) of the Constitution that says that the validity or legality of this Constitution is not subject to challenge by or before any court or any other State organ. Part 4 says that any law, including the customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid. Why have I said that? We are enacting these Commissions beyond the time limit that was set by this Constitution. We have a solution. As earlier contemplated by some hon. Members, we thought that we could seek solace in Part 261(i), (ii) and (iii). However, those sections only apply to the Fifth Schedule. They do not apply to the Sixth Schedule under which we want to pass the Commissions. I think the only avenue open to us is to amend the Constitution to extend the time limit within which we can enforce the Commissions before we move forward. The danger of moving forward to pass this Motion is that--- I want to draw your attention to Section 10. Every person has an obligation to respect, uphold and defend this Constitution. Kenyans will go to court after we pass this Motion. There are many judges out there. If a judge was to rule that we passed a Motion against the Constitution and he goes ahead to cite the unconstitutionality of passing the Motion; that would be a very grave oversight when we have very many legal minds in this country and House. I wish to seek your guidance as to whether it is in order for us and the House to discuss this Motion without amending the Constitution."
}