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{
    "id": 702120,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/702120/?format=api",
    "text_counter": 80,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "things, to make a determination between a member of a political party and his party. However, the Tribunal may make a determination through an internal political party dispute resolution mechanism. One may also choose to appeal the decision of the Political Parties Dispute Tribunal at the High court, Court of Appeal and subsequently the Supreme Court. My inference is this: These Members cannot be de-whipped until and unless the political parties dispute resolution mechanism is sought, until they go to the High Court, Court of Appeal or Supreme Court. If in that process they are expelled, then they can be de-whipped but now they cannot be de-whipped. Hon. Speaker, in conclusion, due to the provisions of Articles 92 and 103(1)(e) of the Constitution as read together with Section 14 of the Political Parties Act that takes precedence over any other disciplinary mechanism of dealing with errant Members, including what is envisaged in Article 176, you will agree with me on the issues I have raised regarding de- whipping of members of political parties, be it the Jubilee Coalition, Coalition for Reforms and Democracy (CORD), Orange Democratic Movement (ODM), Wiper Party, Forum for Restoration of Democracy (FORD) or any other party now and in the future. Indeed, fundamentally, I will call for the review of Standing Order No. 176. I have raised this matter because the communication and direction you will give will be used by other Parliaments and other Speakers as a precedent. We must be told which law is superior between the various Articles of the Constitution that I have referred this House to, including Articles 47, 50 and 236; and the Fair Administrative Action Act. Which law is superior? Is it not the Articles of the Constitution that I have referred to, read together with Standing Order No.176? As the Leader of the Majority Party, I must fight for those who are marginalised and endangered in this House. I come from a region where people have been marginalised for many years. That is why some of us voted for the current Constitution. This House does not have the luxury of legislating and at the same time discriminating against certain groups of our citizenry. This is where enforcement of the due process of the law must start. We cannot plant impunity in the precincts of Parliament. We cannot have leaders who, at the stroke of a pen, infringe on the constitutional rights of Members who sit here. I want you to leave a legacy. I keep a file in my office containing all the Communications from the Chair. I am sure that this Communication will help Hon. Chepkong’a and all of us to amend Standing Order No.176. Since, as a House, we approve names of persons to sit in Committees, the right of discharge must also be given to this House. We cannot build semi-gods. That right must be given by law. If today we want to remove Hon. Nyikal from the Committee of Health, this House must have the last say. It should not be Hon. Duale or Hon. Nyenze or any of our party leaders to make such decisions. Finally, we represent constituencies. Constituency matters are discussed in Committees. Today there is insecurity in Mandera. If we remove Hon. Abdulaziz from the Departmental Committee on Administration and National Security, how will he represent the people of Mandera East on matters of security? Today we are going to debate the Report on the vetting of the nominee for the position of the Deputy Chief Justice and approve it. If you remove Hon. Kaluma from the Departmental Committee on Justice and Legal Affairs, as a lawyer, how does he issue his petition? This is not about Hon. Duale. We should not create leaders who exercise impunity. I am happy that I have never de-whipped a Member from the Jubilee Coalition. Hon. Speaker, I need direction. I will be very happy if you allow three or four Members to enrich this matter so that you can give a ruling by the time we come back from the short recess."
}