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{
    "id": 89961,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/89961/?format=api",
    "text_counter": 231,
    "type": "speech",
    "speaker_name": "Mr. Ruto",
    "speaker_title": "",
    "speaker": null,
    "content": "On a point of order, Mr. Speaker, Sir. The Procedural Motion moved by the Leader of Government Business contradicts the Constitution that was passed by Kenyans a few days ago. In particular, it talks about an effective date and not day. If the Leader of Government Business looks at Article 263, he will find that it is sub-titled: “Effective Date”. I would like the Vice-President and Minister for Home Affairs to note the word; “date” and not “day”. A date is a numerical assignment to a day in a month which has a very clear beginning and a very clear ending. This Constitution shall come into force on the promulgation by the President which is tomorrow. It will be promulgated and, therefore, become effective. The Sixth Schedule (13) states:- “On the effective date (not day) the President and any State Officer or other person who had before the effective date taken and subscribed on an oath of affirmation of office under the former Constitution or who is required to take and subscribe an oath or affirmation of office under this Constitution shall take and subscribe the appropriate oath or affirmation under the Constitution.” This same Constitution continues to give Parliament its responsibility to protect the Constitution against impunity which apparently, we seem to want to carry over from the old Constitution to the new Constitution. We appear to want to carry over our bad habits. Article 94 under Chapter VIII states: “Parliament shall protect this Constitution and promote the democratic governance of the Republic.” We shall protect. We cannot start by flouting the Constitution on day one. I expect the Vice-President and Minister for Home Affairs will respect the fact that the State Officers are listed. If you check the definition, you will find that a State Officer includes the President, the Deputy President, Cabinet Secretary, Member of Parliament, Judges, and others. Therefore, the Motion before the House actually contravenes this Constitution because it purports to request Parliament to come here on a day after the effective date. We know that 28th August, 2010 is after the effective date. The Constitution says; “on the effective date.” I beg your guidance, Mr. Speaker, Sir."
}