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{
    "id": 737298,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/737298/?format=api",
    "text_counter": 87,
    "type": "speech",
    "speaker_name": "Hon. Wamunyinyi",
    "speaker_title": "",
    "speaker": {
        "id": 291,
        "legal_name": "Athanas Misiko Wafula Wamunyinyi",
        "slug": "athanas-wamunyinyi"
    },
    "content": "basis of the review, make some recommendations to the House. Without the risk of saying what the Mover has said, I would like to stress that the exercise we are undertaking as a Committee is so important that we need to ensure that we have followed all the rules and procedures to ensure that the exercise is above board. We neither looked at the eligibility of Members nor the numbers to be tabled or those to be voted on because we have not reached that stage. It is important for each Member to simply note that nominations have not taken place. We need to make corrections in some areas to ensure that when nominations take place, we are in compliance with the relevant articles and statutes, particularly Article 50 (1) of the Treaty and Rule 6 (2) of the EALA Election of Members to the Assembly Rules, 2017. I want to stress one important point which is the reference that we made on the case that was in court at Arusha. The Committee observed that in the ruling of the matter, the court was very clear as to what kind of elections should take place and whether coalitions should strictly bring the number entitled or an election undertaken from the number. I know that Members have argued that even where you are unopposed, an election should take place. But here, the court was very clear. Looking at the words used, and quoting the ruling once more, it said that: “Conferred power, which primary purpose is to provide for the election of nine Members of the Assembly by the National Assembly of each partner State, the court found that the purpose was defeated by provisions of Rule 7 of the then rules of the elections of the Kenyan Members of the EALA, which provides for a fictitious election in lieu of a real election.” It is important to note that. Members should also look at that. I wish to invite Members to look at that ruling because the court made it very clear that the election of Members to EALA must be a real election and not a fictitious one. That is the basis. I agree with the submission of members’ names as proposed. This proposal is in line with Article 6 (1) which refers to any number. It does not say you multiply it by three times, but the court ruled that it has to be an election. That is why we have brought this before the House so that if the House agrees with the Committee and adopts this Report, the presiding officers will have to start afresh and coalitions will be given time to nominate new people and present them before the House, so that the process by the Committee takes place with new timelines which will be determined by yourself, Hon. Speaker. I have also noted that, sometimes, our clerks do not get things right. Among the issues given as having been raised in No.3 is regional balance. I agree that, that featured before the Committee, but there was nothing like what is written in this Report as an issue raised. With regard to regional balance, the Committee noted that CORD did not take into account regional balance and, as such, should forward further a nominations list with additional seven members while observing regional balance. There was no such thing and this should be deleted. What we agreed was that both coalitions must take this into account. It was not just CORD. Even the Jubilee Coalition left out a large portion of this country from the nominees given, but we are not there yet to look at the regional balance and what criterion was used in submitting the names. I also wish to remind colleagues that EALA is such an important arm, particularly, when it comes to issues of integration and ensuring that we, as East Africans, are moving on and there is continuity on matters which have been passed in the past. I wish to request that coalitions look at members who are still eligible, particularly those who have served in EALA and the Pan- African Parliament. Even for the Pan-African Parliament (PAP), those who are eligible should be given another chance to ensure that we do not elect new ones every time. That does not ensure The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}