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{
"id": 1559022,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1559022/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Order, Hon. Members. Hon. Kiborek, tafuta kiti. Members at the back, take the nearest seats. Hon. Ariko, take the nearest seat. There is a Communication I need to make."
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{
"id": 1559023,
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"speaker": null,
"content": "WITHDRAWAL OF THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL"
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{
"id": 1559024,
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"content": "Hon. Members, you will recall that on Wednesday, 12th February 2025, I reported to the House that I had received a Message from the Senate on the passage of several Bills, among them the Public Transport (Motorcycle Regulation) Bill (Senate Bill No.38 of 2023). It is sponsored by the Senator for Kakamega County, Sen. (Dr) Boni Khalwale, who is also the Majority Party Whip in the Senate. The Bill seeks to establish a legal framework to regulate the use of motorcycles (bodabodas) in the country by introducing new provisions for their registration, operation, and safety at the county level. Following the conveyance of the Message from the Senate, the Bill was read a First Time on Thursday, 13th February 2025, and committed to the Departmental Committee on Transport and Infrastructure for consideration in accordance with the provisions of Standing Order 127. I am aware that the Committee had begun engaging stakeholders on the Bill. This notwithstanding, I have since received a letter from the Speaker of the Senate informing that the sponsor of the Bill, in the Senate, requests its withdrawal and cessation of further consideration. In the letter dated 7th March 2025, the Speaker of the Senate conveys the request, noting that the Senator for Kakamega County cited widespread public outcry regarding some of the provisions of the Bill. This request presents a novel procedural scenario as this is the first time that such a request has been received in the bicameral processing of Bills in the Houses of Parliament. Notably, our Standing Orders only provide for the withdrawal of a Bill whose sponsor is a Member of this House, and also provide for co-sponsorship in the case of a Bill originating from the Senate. For clarity, Standing Order 140(1) provides, and I quote: “Before commencement of business or on the Order of the Day for any stage of the Bill being read, the Member in charge of a Bill may, without notice, claim to withdraw a 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."
},
{
"id": 1559025,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1559025/?format=api",
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"content": "It is, therefore, evident that the current provisions of the Standing Orders do not contemplate the withdrawal of a Bill other than by the sponsor. In this instance, the Public Transport (Motorcycle Regulation) Bill (Senate Bill No.38 of 2023) is not co-sponsored by any Member of the National Assembly. In this regard, and noting the request for withdrawal is from a Member other than a Member of this House, I have invoked the provisions of Standing Order 1, which provides a basis for determining matters not expressly provided for in the Standing Orders. Standing Order 1 provides, and I quote: 1) In all cases where matters are not expressly provided for by these Standing Orders or by other Orders of the House, any procedural question shall be decided by the Speaker. 2) The decisions made in paragraph (1) shall be based on the Constitution of Kenya, statute law and the usages, forms, precedents, customs, procedures, traditions and practices of the Parliament of Kenya and other jurisdictions to the extent that these are applicable to Kenya. I have considered the parliamentary practice in other comparable jurisdictions to guide on the procedure to be followed. In the United Kingdom (UK) Parliament, once a Bill has been passed in the originating House and forwarded to the other House, the sponsor of the Bill cannot unilaterally withdraw the Bill in the second House. Instead, where a Bill is to be withdrawn, a Motion to discharge the next stage of the Bill is moved for consideration by the House. This parliamentary procedure removes the scheduled consideration of the Bill in the next stage of the legislative process. Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament (25th Edition) notes, and I quote: “By an old parliamentary rule, …a bill brought from the other House should not be withdrawn. The proper course of action in this case is for the Member in charge of the Bill in the second House to have the order for the Bill’s next stage discharged.” The Motion, “That the order for Second or Third Reading be discharged” is moved by the sponsor of the Bill in the second House. Upon passage of the Motion, the Bill is dropped, and its further legislative processing ceases. In the Parliament of India, once an individual Member’s Bill has been passed in the originating House and is pending in the other House, the sponsor cannot directly withdraw it. The second House must consider a Motion for its withdrawal. If the Bill is already committed to a Committee, the Motion for withdrawal is referred to the Committee to report back on the request for withdrawal. After tabling of the Committee report on the Motion, the House then considers the request for withdrawal. Once the House passes the Motion, it is then considered in the other House. It is observed that in India, the principle of bicameral consideration during withdrawal of a Bill is observed, where both Houses must put a Motion seeking the withdrawal of the said Bill. The Speaker’s role is, majorly, to ensure that the necessary procedures are followed in withdrawing the Bill. Having considered the various practices in other jurisdictions, I hereby guide as follows with regards to the request for withdrawal of the Public Transport (Motorcycle Regulation) Bill, 2023 as submitted by the Senator for Kakamega County, Sen. (Dr) Boni Khalwale, through the Speaker of the Senate: 1. THAT, to ensure order and predictability in the bicameral processing of Bills, the matter shall be considered by the House by way of a Motion to discharge the particular Bill from Second Reading, notice of which will be given, and the 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": 1559026,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1559026/?format=api",
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"content": "Motion moved by the Chairperson of the Departmental Committee on Transport and Infrastructure, being the Committee seized of the Bill. 2. THAT, upon notice of the Motion being given, the Motion shall be scheduled by the House Business Committee (HBC) for listing in the Order Paper on such a day as the HBC may determine. 3. THAT, upon consideration— (a) should the House approve the Motion, the Bill shall be deemed to have been withdrawn from the National Assembly, and the Departmental Committee on Transport and Infrastructure shall cease further consideration of the Bill; or, (b) if the Motion to discharge the Bill is not carried, consideration of the Bill shall proceed in accordance with the legislative processes applicable to a Bill originating from the Senate. 4. THAT, upon conclusion of consideration of the Motion, the Senate will be fully apprised on the decision of the House by way of a Message. Having guided as such, I shall accord an opportunity to the Chairperson of the Departmental Committee on Transport and Infrastructure to give the Notice of the Motion under Order No. 6 so as to kick-start the withdrawal process. The House is accordingly guided. Thank you. Hon. Members, if the House strongly feels that we need to proceed with that Bill regardless of the feelings of the original sponsor and you negative the Motion, then the Bill will go on to the end. If you agree with the Committee Chairperson, then the Bill will collapse there. Next Order."
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"id": 1559027,
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"text_counter": 18,
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"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "MESSAGE"
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"id": 1559028,
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"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Members on their feet, take your seats. Hon. Yusuf, take the nearest seat. Order, Hon. Dorothy."
},
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"id": 1559029,
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"speaker_title": "",
"speaker": null,
"content": "PASSAGE OF THREE BILLS BY THE SENATE"
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"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, I have a message from the Senate on the passage of three Bills. Pursuant to the provisions of Standing Order 41(4), I wish to report to the House that I have received three Messages from the Senate regarding the passage of the following two Senate Bills and one National Assembly Bill: 1. The Energy (Amendment) Bill (Senate Bill No.42 of 2023). 2. The County Public Finance Laws (Amendment) Bill (Senate Bill No.39 of 2023). 3. The Land (Amendment) Bill (National Assembly Bill No.40 of 2022). The first Message conveys that on Tuesday, 15th April 2025, the Senate considered and passed the Energy (Amendment) Bill (Senate Bill No.42 of 2023) without amendments. The Bill published vide Kenya Gazette No.162 of 1st September 2023 seeks to provide for energy purchase agreements, among other provisions. The second Message conveys that on Tuesday, 15th April 2025, the Senate considered and passed the County Public Finance Laws (Amendment) Bill (Senate Bill No.39 of 2023) with amendments. The Bill published vide Gazette Notice No.159 of 1st September 2023 seeks to amend the County Assembly Services Act, Cap 265D, to establish the County Assembly Fund. 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": 1559031,
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"content": "The third Message conveys that on Tuesday 15th April 2025, the Senate considered and passed the Land (Amendment) Bill (National Assembly Bill No.40 of 2022) with amendments. In this regard, the Senate now seeks the National Assembly’s reconsideration of the Bill in accordance with the provisions of Article 112 of the Constitution. Having passed the said Bills, the Senate now seeks the concurrence of the National Assembly, pursuant to the provisions of Article 110(4) of the Constitution. With regards to the Senate Bills, you will note that the Standing Orders require the Speaker to cause a Bill received from the Senate to be read a First Time upon conveyance of its Message to the House. In view of this, I hereby direct the Clerk to schedule the two Senate Bills in the Order Paper for First Reading at the next sitting. Thereafter, the Energy (Amendment) Bill (Senate Bill No.42 of 2023) shall stand committed to the Departmental Committee on Energy, and the County Public Finance Laws (Amendment) Bill (Senate Bill No.39 of 2023) to the Departmental Committee on Finance and National Planning for consideration. With respect to the Land (Amendment) Bill (National Assembly Bill No.40 of 2022), the Message and the Schedule of Senate amendments to the Bill are hereby referred to the Departmental Committee on Lands for consideration and reporting. I also direct the Clerk to circulate the Schedule of Senate amendments to the Bill to all Members. The Committees to which the Bills have been referred are encouraged to prioritise their consideration and submit their reports as soon as is practicable to enable the House to proceed with the necessary next steps on the Bills. I encourage them to work through the recess period, so that they would have gone through the Bills by the time we resume."
}
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}