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"id": 1009631,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1009631/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "Hon. Members, allow me now to respond to the second and third matters raised by Hon. Oluoch. To begin with, on whether the Committee’s decision on a legislative proposal upon pre- publication scrutiny is final, I wish to categorically state that it is not. Why do I say so? First, where the attention of the House Business Committee is drawn to the fact that the Budget and Appropriations Committee has recommended that a significant number of legislative proposals to be proceeded with and the proposals remain stuck in departmental committees, the House Business Committee has always risen to the occasion and sought the resolution of the House to cause the proposals to be published. Members may recall that on 21st February 2019, the then Leader of the Majority Party, Hon. Aden Duale, moved a Motion, on behalf of the House Business Committee, that sought the resolution of the House for the publication of thirty (30) legislative proposals whose consideration was inordinately delayed by various departmental committees. The Motion was approved and saw the publication of the Bills, some of which have since been passed by the House. Therefore, the recommendation of departmental committees in respect of a legislative proposal is not final or binding as to the fate of a proposal. Secondly, Hon. Members, a cursory reading of Standing Order No.114 readily reveals the discretion that the House has granted the Speaker with regard to any recommendation made by a departmental committee on a legislative proposal. The Speaker has the discretion to agree or not to agree with the recommendations of the relevant committee. Indeed, on a few occasions, and for considered reasons, I have disagreed with the decision of a departmental committee on a legislative proposal. As an example, in the 11th Parliament, the then Member for Baringo County, Hon. Grace Kiptui, sought to amend the Basic Education Act of 2013 to provide for the distribution of free sanitary towels to every girl-child enrolled in a public basic education institution upon attaining puberty. Whereas the Budget and Appropriations Committee recommended that the legislative proposal be proceeded with, the Departmental Committee on Education, Research and Technology recommended that it should not be published. This was ostensibly on the basis that the Government had already established a sanitary towels programme in the country. Having considered the matter, I directed the publication of the proposal against the recommendation of the Committee. At the time, my determination was informed by, among other things, the fact that the proposal did not offend the Constitution or contradict or duplicate any existing law. It was also my view then, which view I still hold, that rejecting a proposal by a Member without relevant and weighty reasons amounts to curtailing the Member’s constitutional right to legislate. The recommendation by the Departmental Committee on Education, Research and Technology to shelve the proposal on account of the Government’s programme would only leave the matter at the mercies of Government policy which is unpredictable and can be terminated at any time as opposed to legislation. I felt that the Committee was becoming a roadblock as they had raised no constitutional or legal issues but rather, were making administrative arguments for the administration. Similarly, during the 11th Parliament, it is on record that my determination on the fate of the Persons with Disabilities (Amendment) Bill, 2013, sponsored by the then Member for Nyandarua County, Hon. Wanjiku Muhia, the National Employment Authority Bill, 2015 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."
}