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{
"id": 1414411,
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"speaker": null,
"content": "(Clauses 17 and 18 agreed to)"
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"id": 1414412,
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"speaker": null,
"content": "Clause 19"
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"id": 1414413,
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"text_counter": 152,
"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Chairlady",
"speaker": {
"id": 13123,
"legal_name": "Martha Wangari",
"slug": "martha-wangari"
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"content": " Mover. Hon. Ojiambo Oundo."
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{
"id": 1414414,
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"text_counter": 153,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr.) Ojiambo Oundo",
"speaker": null,
"content": " Hon. Temporary Chairlady, I beg to move: THAT, Clause 19 of the Bill be amended— (a) in sub-clause (4) by inserting the words “and a memorandum on the extent to which the relevant committee has incorporated the views of the public in the Bill” immediately after the words “report on the Bill’; (b) by deleting sub-clause (8). The import is to add a document to be supplied by the House referring back to the other House so that we deal with the issue of public participation. “And a memorandum on the extent to which the relevant committee has incorporated the views of the public in the Bill”. 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": 1414415,
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"text_counter": 154,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr.) Ojiambo Oundo",
"speaker": null,
"content": "These are consequential amendments because there is a clause already in the Bill that requires that where public participation has to be done, the other House has to dispense of public participation to avoid duplication. To make it cleaner and to assuage everybody, let us just add “and a memorandum”, indicating, yes, we received these views and this is what we incorporated. Then left out “the following” to comply with the Constitution."
},
{
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"text_counter": 155,
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"speaker": null,
"content": "(Question of the amendment proposed)"
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"id": 1414417,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1414417/?format=api",
"text_counter": 156,
"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Chairlady",
"speaker": {
"id": 13123,
"legal_name": "Martha Wangari",
"slug": "martha-wangari"
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"content": " Hon. Chepkong’a."
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"type": "speech",
"speaker_name": "Ainabkoi, UDA",
"speaker_title": "Hon. Samuel Chepkong’a",
"speaker": null,
"content": " Hon. Temporary Chairlady, we totally reject that proposal. The import of that proposal is that every memorandum from the members of the public must be included. We are seeking the views of the public and a memorandum cannot be part of the law, but just an assistance in the making law. You cannot say that it has to be considered, forcing the House to consider a memorandum and that if we do not, it becomes a point of contention in court. You are tying the hands of the Members of Parliament. Hon. Oundo, where have you ever heard of that one? You cannot force Members of Parliament to do something. Article 94 of the Constitution is very clear. The mandate of the Members of Parliament is to legislate. In our legislative mandate, you cannot, therefore, delegate to somebody else. We have accepted the other good amendments, but this is bad. It will neither help this House nor advance the interrelations between the two Houses."
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"id": 1414419,
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"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Chairlady",
"speaker": {
"id": 13123,
"legal_name": "Martha Wangari",
"slug": "martha-wangari"
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"content": " I do not want you to respond, Hon. Oundo. Let me give the Chairperson of the Departmental Committee on Justice and Legal Affairs, then you, because you are the Mover."
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"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " Thank you very much, Hon. Temporary Chairlady. We reject this proposal because it recommends that we have to include what the public says in a law that Parliament is proposing. The constitutional provision is that we have to consider the participation of the public, but we are under no obligation whatsoever to include whatever they say in the law we are passing. This goes over what is provided. Therefore, we need to reject it."
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