Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 885797,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/885797/?format=api",
    "text_counter": 269,
    "type": "speech",
    "speaker_name": "Pokot South, JP",
    "speaker_title": "Hon. David Pkosing",
    "speaker": {
        "id": 2662,
        "legal_name": "Losiakou David Pkosing",
        "slug": "losiakou-david-pkosing"
    },
    "content": "activities of AFCAC. They will sit in Senegal. This will be done by the plenary of all the countries that will come together. The bureau will be assisted by the secretariat, which will be the administrative arm of the Commission. It shall be headed by a secretary-general and assisted by competent staff for the smooth functioning of the AFCAC. That will be the work of the bureau. It will have its staff that will be headed by a secretary-general. The staff will be the technical people. I am assuming that when we ratify this, as a country, we will also have our own person. We can start campaigning to have somebody from our country to lead AFCAC. Hon. Temporary Deputy Speaker, the revised constitution that I have presented to you provides for the need for cooperation and collaboration with other international organisations on matters of mutual interest. The revised constitution also provides that the Commission shall be funded by contributions made by the member states in accordance with the scale assessment determined by the plenary. The countries that will come together will agree on how to run AFCAC. Will they run by subscription? If that will be the case, they will have to agree on how much each country will pay for running AFCAC. That will be the source of income for the day- to-day running of the institution. The revised constitution of the African Civil Aviation Commission states that any member state that fails to honour its financial obligation to the Commission for two years shall forfeit its right to vote at the plenary or to present any candidate to any elective position. There are six elective positions, namely, the president and five vice-presidents. It means that if you will not be up to date with payments, as a member state, you will have no reason to run the institution. That will be a sanction or a way of motivating countries to pay. I am assuming that it will be a responsibility of all countries that are members of AFCAC to pay to run the institution. Air transport is an important subject that has to be considered. It moves people all over the world in a short time. Therefore, that will be a motivation for member states to make their contributions to the Commission. Finally, the revised constitution of the AFCAC gives allowance for amendments and encourages negotiations as means of dispute resolution. Like any other law, for example the Constitution of Kenya, it must end by giving opportunities and ways of amending it. There is a procedure for amending it. It is provided for in the constitution. The question that comes to us is whether the revised constitution of the AFCAC followed the right procedures in accordance with the Treaty Making and Ratification Act, 2012. The ministry, in its explanatory memorandum of the submission of the revised constitution of the AFCAC to Parliament, noted that Kenya is already a party to the 1969 constitution of the African Civil Aviation Commission. Therefore, the ratification of the revised constitution is a logical sequence for continuity. The Ministry of Transport, Infrastructure, Housing and Urban Development confirmed to the Committee that the revised constitution did not propose any amendments to our own Constitution, and its objectives promote constitutional values provided for in the Constitution. That is a requirement under the Treaty Making and Ratification Act. You must look at whether the treaty offends any part of our law and particularly our Constitution. This Committee would like to confirm to the House and the people of Kenya that the proposed changes in this constitution are not in contradiction with our own Constitution and laws. That has been confirmed by the memorandum submitted to Parliament by the ministry."
}