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{
    "id": 81161,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/81161/?format=api",
    "text_counter": 489,
    "type": "speech",
    "speaker_name": "Mr. Imanyara",
    "speaker_title": "",
    "speaker": {
        "id": 22,
        "legal_name": "Gitobu Imanyara",
        "slug": "gitobu-imanyara"
    },
    "content": "In particular, I want to bring to your attention the fact that the Standing Orders specifically forbid discussions of Motions – this was a Motion going to the Committee – that are contrary to the Constitution without expressly proposing appropriate amendments to the Constitution. This Mutual Legal Assistance Bill does not seek to amend the Constitution and if you are to look at Article 24(1) of the current Constitution which deals with the Bill of Rights, you would see that it says:- “A right or fundamental freedom in the Bill of Rights shall not be limited except by law---” And then it goes on to say in the next stage that if such a law intends to limit, then it must specifically set it out in the Bill that it intends to limit a fundamental right. Mr. Deputy Speaker, Sir, this Mutual Legal Assistance Bill does seek to contradict Article 31 of the Constitution which deals with the right to privacy and other rights. And because I had mentioned to the Minister and he is aware - I do not need to go into the details – I fear that we may go into the Committee of the Whole House and, therefore, be prevented from raising this issue so that you can make a ruling. I would urge the Minister that, rather than deferring this Bill, to actually withdraw it entirely so that he can be seen to be complying with the Constitution. He has done so well so far; much better than the Attorney-General and I pay tribute to him because since we passed this new Constitution, he has been at the forefront to ensure that we do comply with its provisions. I have no doubt at all that my learned senior counsel will see the point that I am making and I need not go to invite your ruling on this."
}