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{
    "id": 739252,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/739252/?format=api",
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    "content": "nomination meeting was held in the premises of Parliament and attended by the leaders of Majority and Minority of both Houses. It was made clear that the rules envisaged that the parties should nominate more than the slots available to provide the two Houses of Parliament with multiple choices. This requirement came from a judgment of the East African Court of Justice in 2006, the famous case of Sen. (Prof.) Peter Anyang’-Nyon’go and others versus the Attorney General of Kenya and others. In that decision, it was held that what Kenya had done during the election of the previous term was not in accordance with the law because Parliament, which is the Electoral College, was not provided with an opportunity of choosing because an election envisages choice. Because of that ruling, Kenya was found to be in violation of the Treaty. It is for that reason that the rules of this year and going forward have provided that Parliament must be provided with an opportunity to have more than one choice per slot. That is what would constitute an election because if you provide names that are exactly the same as the number of slots available, Parliament will just be rubberstamping as opposed to electing members. This Report recommends that pursuant to the ruling of East African Court of Justice, in the case of Sen. (Prof.) Anyang Nyong’o and others versus the Attorney General and others, the Minority Party submit additional nominees. In this case, their number is twelve, so they can compete for the four slots available for the Minority Party. This list is supposed to emanate from the list of 41 applicants who had applied to become Members of EALA by the time the deadline elapsed. That is the key plank of the recommendations of this Report. The other recommendation is that in future the rules be amended, especially Rule 61, to give effect to the precedence from the East African Court of Justice ruling to clarify further the requirements of that judgment. Mr. Speaker, Sir, the other recommendation is that the presiding officers who are in this case the Clerks of both Houses of Parliament to appoint a new nomination day to receive further nominees from the minority party to bring the number to twelve as opposed to the five nominees that the minority party had brought. The other recommendation is that after receipt of the further nominees, the presiding officers to submit the additional names from the minority party to the joint Select Committee of the Houses in accordance with Rule 13. Finally, the speakers of both Houses of Parliament to make a determination, pursuant to Rule 25, to extend the timelines for elections to a date not later than 4th June, 2017. Therefore, the House also needs to resolve because the deadlines which had been set in the existing rules have been overtaken by events because of that challenge which I have highlighted; that the nominees of the minority party did not offer the choice anticipated in the 2006 ruling of the East Africa Court of Justice. We need this House and its Speaker and of the National Assembly to make a determination as to the extension of the nomination date. However, as I said, in accordance with the treaty and other enabling legislation of the East African Community, we cannot extend the date beyond 4th June, 2017 which is Sunday next week. Mr. Speaker, Sir, this report is just asking for the resolution of this House to get additional nominees from the minority party and for an extension and the setting up of a new nomination day and a new election day which should not exceed 4th June, 2017."
}