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{
"id": 1568642,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568642/?format=api",
"text_counter": 100,
"type": "speech",
"speaker_name": "Suna East, ODM",
"speaker_title": "Hon. Junet Mohamed",
"speaker": null,
"content": " Hon. Speaker, I wish to bring to your attention a matter that is important to this House regarding how this Parliament operates. A ruling was made today concerning a matter pending before the Justice and Legal Affairs Committee (JLAC). This is a House of procedure, traditions, and precedence, as has been pronounced by previous Speakers. It is established that when a matter is seized by the House and committed to a committee by the Speaker, the courts must wait until Parliament concludes its work on that matter. Only then can anyone go to court to litigate the issue. A committee of the House is a sitting of this plenary. One cannot injunct the House from doing its work and fulfilling its constitutional mandate. Articles 95 and 96 discuss this. We also cannot legislate on a matter already before a court of law; we must wait for the court to conclude the matter, after which we can legislate. Something happened a week ago, and I think, in your wisdom, you were lenient because you wanted to maintain decorum as head of one arm of government. However, Parliament will not endure this any longer. When a Bill is presented in Parliament, it goes through the First Reading on the Floor of the House and is then committed to a committee. Anyone who has an issue with that Bill must wait for it to proceed through the Second Reading, Third Reading, and assent. After that, they may go to court and declare it unconstitutional—whether it be the entire Bill, a section, or any clause they are not happy with, assuming the court agrees. An injunction to halt Parliament's operations means Parliament cannot function in this country. 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": 1568643,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568643/?format=api",
"text_counter": 101,
"type": "speech",
"speaker_name": "Suna East, ODM",
"speaker_title": "Hon. Junet Mohamed",
"speaker": null,
"content": "I am pleased that the judge lifted the injunction today. However, I am giving judicial notice as a leader of this House that we will continue our work, irrespective of this challenge. If the ruling had not come out today, we would have been prepared to sit tomorrow to vet and finalise our business. After that, they could go to court and take whatever action they deemed necessary. Thank you, Hon. Speaker."
},
{
"id": 1568644,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568644/?format=api",
"text_counter": 102,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hold on. I do not want to open debate on this. What the Leader of the Minority Party is saying is in sync with what the Hon. (Dr) Otiende Amollo raised yesterday on the same matter. There is a ruling or communication forthcoming on this issue to provide a precedent-setting direction. But for the avoidance of doubt, nobody—and I repeat, nobody— has the power under any law or our Constitution to injunct Parliament from performing its duties."
},
{
"id": 1568645,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568645/?format=api",
"text_counter": 103,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Applause)"
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{
"id": 1568646,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568646/?format=api",
"text_counter": 104,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Parliament is a constitutional body enjoined with the authority to discharge constitutional functions. Once a matter is before Parliament and it is under consideration, whether in committee or plenary... The committees mirror the plenary and the proceedings in committees are akin to proceedings in plenary. For the information of the House, I have requested the Chief Justice to hold a colloquium with some members of this House, including yours truly, to ensure that we do not continue talking past each other as arms of Government. We need each other, but we discourage and disapprove of any overreach by one arm of Government over another, especially on matters that are legally clear, constitutionally defined, and morally untenable. Therefore, I direct the Departmental Committee on Justice and Legal Affairs to proceed without haste to vet the nominees for Chairman and members of the Independent Electoral and Boundaries Commission (IEBC) and report back to this House. Any aggrieved party, whether from the Judiciary, the Executive, or the general public, can then go to court and challenge matters that we, as Parliament, will be functus officio . Let it be clear. A precedent-setting communication will be made next week on this matter to guide us going forward. Thank you. Hon. Members, I want us to reorganise the Order Paper as follows. We will skip Order Nos.7 and 8 for now and proceed first to Order No.9. The reasons for this are known to the Leader of the Majority Party, the Leader of the Minority Party, and the Members of the House Business Committee. I will provide communication and direction on how to proceed with Order No.9. Following that, we will move to the Committee of the whole House. After that, we will return to Questions and Statements, concluding with Order No.8, and then continue with the remaining orders. Hon. Members, before we go to the Committee of the whole House, I have a communication to make. Please, those who are upstanding, resume your seats."
},
{
"id": 1568647,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568647/?format=api",
"text_counter": 105,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "COMMUNICATION FROM THE CHAIR"
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{
"id": 1568648,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568648/?format=api",
"text_counter": 106,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "CONSIDERATION OF THE PRESIDENT’S RESERVATIONS ON THE CONFLICT OF INTEREST BILL, 2023 AND THE ANTI-MONEY LAUNDERING AND COMBATING OF TERRORISM FINANCING LAWS (AMENDMENT) BILL, 2025"
},
{
"id": 1568649,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568649/?format=api",
"text_counter": 107,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, I have a communication on the consideration of the President’s Reservations on the Conflict of Interest Bill, 2023 and the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2025. 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": 1568650,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568650/?format=api",
"text_counter": 108,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, you will recall that on Wednesday, 30th April 2025, I reported to this House a Message from His Excellency the President, notifying that in the exercise of the powers conferred under Article 115(1) (b) of the Constitution, he had referred the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) and the Anti-Money Laundering and the Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No.5 of 2025) back to Parliament for reconsideration. I did refer the memorandum containing the President’s Reservations to the two Bills to the Departmental Committee on Justice and Legal Affairs for consideration. I also advised that the consideration of the President’s reservations to the two Bills by the Committee and indeed the House shall, in so far as necessary, be guided by the Speaker’s Communication of 28th July 2015 on the Consideration and Scope of the President’s Memorandum. The Committee has since laid on the Table of this House its report on the consideration of the President’s Memoranda to the two Bills. With respect to the Anti-Money Laundering and the Combating of Terrorism Financing Laws (Amendment) Bill, 2025, the Committee has recommended that the House concurs with the President’s Reservations to the Bill, albeit with amendments. Article 115 of the Constitution empowers the House to propose amendments to the President’s Reservations, either fully accommodating them or not fully accommodating the reservations. Where proposed amendments fully accommodate the President’s Reservations, the amendments only require to be supported by a simple majority of Members of the National Assembly present and voting. Conversely, where such amendments do not fully accommodate the President’s Reservations, the amendments require to be supported by at least a two-thirds majority of Members of the National Assembly to be carried. I have determined that the amendments proposed by the Departmental Committee on Justice and Legal Affairs to the President’s Reservations to the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2025 do not fully accommodate the President’s Reservations. In this case, the threshold must be realised for the amendment to be carried. Otherwise, the House will be deemed to have concurred with the President’s Reservations to the Bill. In other words, if a vote on the amendment is called, whoever wants to carry the amendment must garner a super-majority of the membership, which is two-thirds of the whole House regardless of who is here, including Hon. Koimburi. It is not just limited to those who will be present and voting."
},
{
"id": 1568651,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568651/?format=api",
"text_counter": 109,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Laughter)"
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