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"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Chairlady",
"speaker": {
"id": 13123,
"legal_name": "Martha Wangari",
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"content": " Hon. Oundo."
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"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr.) Ojiambo Oundo",
"speaker": null,
"content": " Hon. Temporary Chairlady, whatever fate befalls that particular amendment, let me just clarify that we are asking for a seamless transfer of information from one House to another. This is because there is already a requirement in the Bill that says that where public participation has been done, the other House can adopt what has been done without necessarily going to do another public participation. So, I am not asking that they present the various memoranda that have been presented by the members of public. All I am saying is that they present a report confirming, for example, that certain views were received from certain groups. It is a very simple statement. It is just a memorandum. It is as simple as that. I am not saying that we transmit the written memorandum from the members of the public. In any case, Hon. Temporary Chairlady, the provision of the Constitution about public participation is not cosmetic. It is not a farce. It was meant to guide legislative process because Members of Parliament act on behalf of the electorate; they do not act on their own behalf. So, whatever fate befalls this amendment, it is just enhancing it."
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"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Chairlady",
"speaker": {
"id": 13123,
"legal_name": "Martha Wangari",
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"content": " You have made your point, Hon. Oundo. Member for Tigania West."
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"speaker_name": "Tigania West, UDA",
"speaker_title": "Hon. (Dr.) John K. Mutunga",
"speaker": null,
"content": " Thank you, Hon. Temporary Chairlady. I want to comment on this issue. Indeed, it is possible to get a report from the other House about the public participation that has been conducted. In the near future, probably, we 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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"type": "speech",
"speaker_name": "Tigania West, UDA",
"speaker_title": "Hon. (Dr.) John K. Mutunga",
"speaker": null,
"content": "shall have a law on public participation prescribing exactly how public participation is supposed to take place. But supposing the other side decides to say: \"This is the report. However, we left out 1, 2, 3, 4, and 5”. Shall we have an end to that process? Let us just leave the amendment as it is."
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"content": "(Question, that the words to be added be added, put and negatived)"
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"content": "(Question, that the words to be left out be left out, put and negatived)"
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"speaker": null,
"content": "(Clause 19 agreed to) Clause 20"
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"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Chairlady",
"speaker": {
"id": 13123,
"legal_name": "Martha Wangari",
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"content": " This will be moved by Hon. Chepkong’a on behalf of the Leader of Majority Party."
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"speaker_name": "Ainabkoi, UDA",
"speaker_title": "Hon. Samuel Chepkong’a",
"speaker": null,
"content": " Correct. I have instructions to do so. Hon. Temporary Chairlady, I beg to move: THAT, Clause 20 of the Bill be amended by inserting the following new sub-clauses immediately after sub-clause (4)— (5) If a court is satisfied that a House of Parliament, in an attempt to resolve a dispute, has not exhausted all the mechanisms of alternative dispute resolution as contemplated under this section and refers the dispute back for the reason that the House of Parliament has not complied with this section, the expenditure incurred by that House of Parliament in approaching the court shall be regarded as wasteful expenditure. (6) The costs in respect of the wasteful expenditure under subsection (5) shall, in accordance with a prescribed procedure, be recovered without delay from a public or state officer, including a holder of a political office, who caused the House of Parliament not to comply with the requirements of this section. The import of this is that since we have agreed on alternative dispute resolution, no House will decide to go to court on their own Motion. First, it must exhaust the procedures that are provided in this Bill. That is mediation, reconciliation or arbitration. If one goes to court without following this procedure, they will be held personally responsible for the cost that will be incurred by whichever House to defend that petition that is placed before the court. This is to prevent people from rushing to court without exhausting the internal mechanisms that are contained in the law that we are about to pass. I thank you."
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