Entry Instance

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{
    "id": 763348,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/763348/?format=api",
    "text_counter": 23,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Minority Whip and Hon. Chrisantus Wamalwa, MP as the Deputy Minority Whip in the National Assembly; (b) A letter dated 21st September 2017 from Hon. John Mbadi, MP notifying my office of a decision by the NASA Coalition to leave vacant the offices of the Deputy Leader of Minority, Minority Whip and Deputy Minority Whip awaiting a NASA parliamentary group meeting where the coalition will deliberate on and fill the positions. Hon. Mbadi attached a letter from the Chief Executive Officer of the NASA Coalition, one Mr. Norman Magaya, dated 21st September 2017 signifying the same; (c) A letter dated 20th September 2017 from the Registrar of Political Parties confirming the existence of a pre-election coalition agreement between the NASA Coalition parties; (d) Minutes of the Amani National Congress (ANC) Party held on 16th August 2017; (e) Minutes of the FORD-Kenya Party held on 6th September 2017; (f) Minutes of the Wiper Democratic Movement-Kenya Parliamentary Group meeting held on 13th September 2017. Hon. Members, I have isolated three issues arising out of these correspondences for which I am obliged to give directions. These issues are- (a) Whether the leadership positions for the Minority in the House will be filled by individual party or a coalition of parties; (b) Who the lawful authority is to make and communicate the decision of the Minority appointing its leadership; and, (c) Whether the provisions of the Constitution, the law and the Standing Orders have been complied with by the Minority coalition as regards the filing of its leadership positions. The first question: Is the Minority a party or coalition of parties? Hon. Members, the first issue relates as to whether the leadership positions for the Minority in the House will be filled by individual party or a coalition of parties. Article 108 of the Constitution provides for the party leadership in the House as follows- “Party leaders 108 (1) There shall be a leader of the majority party and a leader of the minority party. (2) The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties. (3) The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties.” Clause (4) further goes ahead to place the Leader of the Minority Party third in the order of precedence to be observed in the National Assembly after the Speaker of the National Assembly and the Leader of the Majority Party. Under Section 10 of the Political Parties Act, two or more political parties may form a coalition before or after an election and a coalition agreement entered into before an election shall be deposited with the Registrar, at least, three months before that election. My office is in receipt of a letter dated 20th September 2017 from the Registrar of Political Parties in which she confirms a pre-election coalition agreement having been deposited in her custody between the Orange Democratic Movement, the Wiper Democratic Movement- Kenya, FORD-Kenya, Amani National Congress and Chama Cha Mashinani. Accordingly, all the aforementioned parties are, subject to any post-election agreement that may be made, eligible to constitute a coalition within the meaning of Article 108(3) of the Constitution and Standing Order 20 for purposes of election of the Leader of the Minority Party, the Deputy Leader of the Minority Party, the Minority Whip and the Deputy Minority Whip."
}