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{
    "id": 702116,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/702116/?format=api",
    "text_counter": 76,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Hon. Speaker, Hon. Ken Obura should sit because the issue I am raising is of great concern to him as a Member of Parliament. So, he should listen to me. Despite the provisions of Articles 47, 50, 236(b) of the Constitution and the Fair Administrative Action Act No. 4 of 2015 combined together vis-à-vis Standing Order No. 176 where is the law heavier? It is heavier in the Constitution because it is supreme. It is not the Standing Orders. The Standing Orders draw powers from the Constitution. Further, pursuant to Standing Order No. 176, once a Member is discharged from a Committee he or she forfeits the rights and privileges that arise from being a Member of that Committee and these include sitting allowance and other benefits. To what extent, therefore, do the provisions of Standing Order 176 offend the property right of a member in terms of Article 40 of the Constitution, which spells the fundamental right to property? Moving on, pursuant to Article 95 of the Constitution, a Member of the National Assembly plays the role of representation, legislation and oversight on behalf of the people of the constituency he or she represents. In this regard, once a Member is discharged from a Committee, he is not able to execute the three functions and more specifically the function of oversight. This is a very serious matter. Further, Article 92(c) of the Constitution provides that Parliament shall enact legislation for the regulation of political parties. Article 92 has, however, to be read together with Article 103(1)(e) of the Constitution which provides that the office of a Member of Parliament becomes vacant if having being elected to Parliament as a member of a political party, the Member resigns from the party or is deemed to have resigned from the party as determined in accordance with the Political Parties Act, 2011. Section 14( 5) of the Political parties Act of 2011 spells out the circumstance under which a person is deemed to have resigned from a political party, which includes if a person, who while being a member of a political party, in one way or the other publicly advocates for the formation of another political party. A political party can, therefore, invoke the provisions of Section 14(5) of the Political Parties Act if it seeks to discipline an errant member who has offended the provisions of Section 14 of the Political Parties Act. However, such a member must be accorded a fair hearing prior to being expelled from the party. That is why our colleagues who were deemed to have moved to another party are now facing the political party tribunal. They have a prominent lawyer who served Ruto, the Deputy President, and I many years ago when were chased away by the ODM. History is repeating itself. Mr. Kioko Kilukumi was our lawyer. Unfortunately, Hon. Mpuru Aburi, who was an ODM activist is the one who took us to court."
}