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{
"id": 1406451,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406451/?format=api",
"text_counter": 21,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "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"
},
{
"id": 1406452,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406452/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "2. Hon. Maisori Kitayama, MP; 3. Hon. Muthama Stanley, MP; 4. Hon. Dorothy Ikiara, MP; 5. Hon. Paul Nzengu, MP; 6. Hon. Hussein Weytan, MP; and 7. Hon. Gertrude Mbeyu, MP. Hon. Members, the aforementioned Members will await the appointment of Senators to the Mediation Committee for the Committee to be fully constituted for purposes of commencing the mediation process. Once I receive a Message from the Senate to that effect, I will convey the same to the House. Thereafter, the Mediation Committee will embark on an attempt to develop a mediated version of the Bill in accordance with Article 113 of the Constitution. I, thank you."
},
{
"id": 1406453,
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"text_counter": 23,
"type": "scene",
"speaker_name": "",
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"speaker": null,
"content": "(Several Members walked into the Chamber)"
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{
"id": 1406454,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406454/?format=api",
"text_counter": 24,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Take your seats, Hon. Members. The nearest seat, Hon. Sarah. Order, Hon. Members. Hon. G.K., take the nearest seat."
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{
"id": 1406455,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406455/?format=api",
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"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "MESSAGE"
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"id": 1406456,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406456/?format=api",
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"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, I have a Message from His Excellency the President."
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"id": 1406457,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406457/?format=api",
"text_counter": 27,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "REFERRAL BY HIS EXCELLENCY THE PRESIDENT OF THE PENAL CODE (AMENDMENT) BILL, 2022"
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{
"id": 1406458,
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"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, you may recall that on 20th March 2023, the National Assembly passed the Penal Code (Amendment) Bill (National Assembly Bill No.56 of 2022) which was sponsored by the Member for Nakuru Town East, Hon. David Gikaria, MP. The Bill sought to repeal Section 182 of the Penal Code Cap. 63. Following its passage, I presented the Bill for assent to H.E. the President in accordance with the provisions of Article 115 of the Constitution. Hon. Members, I wish to convey to the House that I have since received a Memorandum from His Excellency the President referring the Bill back to the House for reconsideration in accordance with the provisions of Article 115 of the Constitution. In the Memorandum, H.E. the President has expressed reservations on Clause 2 of the Bill and notes, inter alia : 1. That, were the Bill to be assented to in its present form without offering alternative offences or sanctions, the Bill will effectively render certain indecent, immoral or disruptive public conduct to be acceptable; 2. That, the repeal of Section 182 shall encourage the Commission of the Acts covered under Section 182 and allow persons to freely behave in a disorderly or indecent manner in a public place and conduct themselves in a manner likely to cause a breach of the peace; and 3. That, the repeal undermines the credibility of criminal law and may promote public disorder and disobedience. Further, a blanket decriminalisation of conduct that a majority considers delinquent, undermines the reputation of the law as a reliable moral authority that should be obeyed. Consequently, H.E. the President recommends deletion of the said Clause of the Bill, which as a matter of fact, is the primary content of the Bill."
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{
"id": 1406459,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406459/?format=api",
"text_counter": 29,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "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"
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{
"id": 1406460,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406460/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, Standing Order 154(2) requires the House to consider the President’s Reservations within 21 days upon receipt of a Memorandum. In this regard, the Memorandum from the President now stands committed to the Departmental Committee on Justice and Legal Affairs for consideration. The Committee is required to table its report soonest to allow the House to consider the President’s reservations within the said timelines. Hon. Members, may I at this point, remind the House of the Speaker’s Communication of 28th July 2015 concerning the consideration of the President’s reservations to a Bill and amendments, thereto. I particularly draw your attention to the guidance, that the voting threshold for the passage of amendments proposed by a committee or an individual Member that have the effect of fully accommodating the President’s reservations is a simple majority as contemplated under Article 122(1) of the Constitution as read together with Article 115(2)(a). On the other hand, an amendment that does not fully accommodate the President’s reservations, or indeed one that has the effect of a total override of the President’s reservations, including negating his proposed text, would require a two-thirds voting threshold to be passed in keeping with the provisions of Article 115(4) of the Constitution. In conclusion, Hon. Members, I hereby, direct the Clerk to circulate the Memorandum from H.E. the President to all Members so that they familiarise themselves with its contents. I, thank you. Next Order."
}
]
}