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{
    "id": 585363,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/585363/?format=api",
    "text_counter": 126,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kanyua",
    "speaker_title": "",
    "speaker": {
        "id": 981,
        "legal_name": "Priscilla Nyokabi Kanyua",
        "slug": "priscilla-nyokabi-kanyua"
    },
    "content": "A Statute Law (Miscellaneous Amendments) Bill is in keeping with the practice of tabling one Bill consisting of various amendments to various Acts, which do not warrant individual Bills. The principal purpose of the Bill is to correct the apparent unconstitutionality arising from the enactment of various Acts without taking into account the role and functions of county governments, as set out on the Fourth Schedule of the Constitution of the Kenya. The Bill seeks to amend the following statutes:- (i) the Cancer Prevention and Control Act No. 15 of 2012; (ii) the National Transport and Safety Act No. 33 of 2012; (iii)the National Authority for the Campaign against Alcohol and Drug Abuse Act, No. 14 of 2012; (iv) the Sports Act, No. 25 of 2013; (v) the Pyrethrum Act, No. 22 of 2013 (vi) the Prevention, Protection, and Assistance to Internally Displaced Persons (IDPs) and Affected Communities Act, No. 16 of 2012 and, (vii) the National Honours Act, No. 11 of 2013. The Bill concerns county governments in terms of Article 110(a) of the Constitution as it contains provisions affecting the functions and powers of county governments as set out in the Fourth Schedule of the Constitution of Kenya. The Bill is not a money Bill within the meaning of Article 114 of the Constitution. The Bill does not delegate legislative powers, nor does it limit fundamental rights and freedoms. In consideration of the Bill by the Committee, I want to state that the Committee largely agreed with the Senate in many of the provisions. We have very few areas of discordance or lack of agreement with what the Senate had already passed. The Committee considered the Bill and proposes the following amendments: In the Cancer Prevention and Control Act, No. 15 of 2012, the Committee proposes that the Bill be amended in the Schedule in the proposed amendments to the Cancer Prevention and Control Act by deleting the words “national end” appearing immediately after the words “with the” in the proposed new section, and substituting therefor the words “Cabinet Secretary” and “relevant authorities”. The Cabinet Secretary (CS), in the thinking of the Committee is the representative of the national Government. The institute may also not require to consult with all county governments. The feeling of the Committee is that since the CS is the representative of the national Government, the matter of participation is catered for. He does not need to consult with all the 47 county governments. That is the proposal for the amendment which we will be moving at the Committee of the whole House Stage. The second law that the Committee considered is the National Transport and Safety Authority Act, No. 33 of 2012. The Committee proposes that the Bill be amended in the Schedule in the proposed amendment to the National Transport and Safety Authority Act, by deleting the proposed “new Section 53(a). The new Section 53(a) was found to be unnecessary because it restates the functions of county governments, which are well spelt out in the Constitution. They do not require to be restated in a statute like the one we have here. The section merely restates what the Constitution already provides by stating as follows: “No provision in this Act shall prevent a county government from undertaking its functions as provided for in the Fourth Schedule of the Constitution”. The law does not need to restate the obvious. It is obvious that every county government can perform the functions in the Fourth Schedule. There would be no reason for the National Transport and Safety Authority Act to 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."
}