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{
    "id": 758181,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/758181/?format=api",
    "text_counter": 68,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Hon. Speaker, because of disputes in trade and investment mainly by the private sector across the partner states in the East Africa region, there was need to extend the jurisdiction of the EACJ. For that reason, the implementation of key things like the East Africa Common Market, the East Africa Common Custom Union and the East Africa Community Monetary Union. What does this Protocol obligate partner states to do? Inter alia, they must undertake the following: 1. Prevent or peacefully contain and resolve conflict and disputes among partner states arising from trade and investment matters. This is a forum where if there is dispute on investment or trade between a company that operates in Kenya and another sister company that operates in Tanzania, that conflict must be resolved between the partner states. 2. More importantly, partner states must observe and encourage the implementation of the Protocol on the establishment of the East Africa Custom Union, the Protocol on the establishment of the East Africa Common Market, and the Protocol on the establishment of the East Africa Community Monetary Union. As I said yesterday, the process of ratification and public participation is solely bestowed upon this august House and the Protocol has complied with the Treaty Making and Ratification Act of 2012, hence the Cabinet Secretary (CS) for Foreign Affairs and International Trade informed the National Assembly, through a memorandum to the Speaker on 13th May 2016 and pursuant to Section 27(2) of the Treaty, of the need to adapt the East African Community Protocol to operationalise the extended jurisdiction of the EACJ by none other than partner states of the EAC. The CS informed the National Assembly and its committees on the second meeting held on 18th February 2016, which approved the ratification of the Protocol and therefore seeks the approval of this House. I am sure, the Executive, namely, the Cabinet and the state, have approved. They now need the final approval from the National Assembly to ratify the Protocol. This Protocol was adapted and signed by the East African Heads of State on 25th April 2015 in Nairobi, and the said department for East African Affairs convened a public forum at Laico Regency Hotel on 28th April 2015 to invite views on the Protocol. Therefore, public participation, in accordance with Article 118 of the Constitution, was done. Then the question begs: What is the benefit to the nation? What is our benefit as a country? Why do we approve this Protocol? What do we gain from it as a member state? Firstly, the protocol encourages partner states to foster and maintain an atmosphere that is conducive to the enhancement of trade and development. It facilitates. It is a catalyst for trade and investment to flourish within the partner states. Secondly, this Protocol is aimed at coordinating and cooperating with other East Africa partner states in matters relating to trade and investment. This Protocol will deal with that matter. It will enhance the capacity of the EAC for each member state to respect trade and investment. Hon. Speaker, you are aware of times when Kenyan companies were kicked out of Tanzania. Kenyans working in Tanzania were denied work permits while Tanzanian companies were working in Kenya. In order to protect trade and investment among the member states, this Protocol is necessary. It is necessary in order to build respect and enhance capacity for the EAC. I can go on and on, but I am sure that Members will discuss it further. The Report is at the Table Office. It was done by the former Committee on Regional Integration, chaired by Hon. Kajuju, the former Member for Meru County. The required public participation and report was tabled. 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."
}