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{
    "id": 7265,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/7265/?format=api",
    "text_counter": 426,
    "type": "speech",
    "speaker_name": "Mr. Mungatana",
    "speaker_title": "",
    "speaker": {
        "id": 185,
        "legal_name": "Danson Buya Mungatana",
        "slug": "danson-mungatana"
    },
    "content": "In interpreting this right, it is possible to look at it this way or the other way, but Article 20(4) of this Constitution says that:- “In interpreting the Bill of Rights, a court, tribunal or other authority shall promote- (a) the values that underline an open and democratic society based on human dignity, equality, equity and freedom”. I want to persuade you that in interpreting this first omnibus amendment, at the very minimum, we would plead that the authority that has been granted on the Chair to find further, that it will be in the interest of the values that underline an open and democratic society based on human dignity, equality, equity and freedom. That the issues that are being canvassed as Mr. Mbadi has said should be brought one by one, particularly so because the former Constitution never had a particular section such as 256(1) (b) that says that:- “A Bill to amend this Constitution- (b) may not address any other matter apart from the only consequential amendments to legislation arising from the Bill”. At the very minimal, we would have expected that this being the first attempt by this Government to bring three issues at the first instance, to order them to come one by one. I raised my dilemma that if the people of Garsen, for example, are comfortable that the gender provision should be amended to include the women, but they are uncomfortable with the change of the date of election, as the Member of Garsen Constituency, how will I vote? I urge you to have a further finding that as a compromise, the Minister should publish this Bill separately and only make consequential amendments. We are now in a new era and definitely, this new Constitution has a very clear mind. It does not want to be like the old Constitution. Please, in interpreting the Bill, I urge you to allow this debate further than where it has gone. I rest my case."
}