HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1009633,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1009633/?format=api",
"text_counter": 19,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "taking into account the views of the Cabinet Secretary responsible for finance. This House has, in its Standing Orders, mandated the Budget and Appropriations Committee as the relevant committee contemplated by the Constitution. Consequently, the Speaker has no discretion with regard to the recommendation made by the Budget and Appropriations Committee on a proposal that has been certified to contain money-Bill aspects. Hon. Members, on the third question of whether a Member can reintroduce a legislative proposal after a negative decision by the relevant committee, I note that the Standing Orders do prohibit the reintroduction of a legislative proposal in the same or an enriched form. The United States of America (USA) Congress publishes approximately 2,000 bills every year. The practice is conscious of the fact that not all the published Bills will be considered by the House, or be concluded if at all considered. However, it is the duty of the processes of any legislature to not only facilitate Members to undertake their duty, but to also facilitate the display of the performance of that very duty. Undeniably, not all Bills that are published become law. Some Bills are published to cause an action, resolve issues of concern to the people or elicit national debate on the subject. For instance, in the Ninth Parliament, the then Member for Konoin, Hon. (Dr.) Julius Kones, sponsored the Tea (Amendment) Bill with the intention of causing the Executive to take certain actions in the tea sector. No sooner had the Bill been published than the Executive, not only went ahead to take administrative actions to address concerns in the tea sector at the time, but also introduced a concurrent Bill. No wonder, after Senator Cheruiyot published his Tea Bill and action started in both Houses, the Executive started pushing for changes in the tea sector. Similarly, during the Eleventh Parliament, the then Member for Mukurweini, Hon. Kabando wa Kabando, proposed an amendment to the Central Bank Act to require the Central Bank of Kenya (CBK) to put in place mechanisms to enable the public to participate in Government securities through electronic means and in lower minimum denominations. Soon, thereafter, the CBK instituted measures that saw the reduction of the minimum investment in Government securities from Kshs50,000 to Kshs3,000 and the introduction of phone-based trading in those securities. Therefore, I am convinced that we should make our processes less difficult and ensure that they are facilitative to Members. As the Speaker, I will not hesitate to disagree with a committee where it is being unnecessarily obstructive. Hon. Members, whereas the Member has raised valid questions that have constitutional grounding particularly in respect to Articles 94 and 95 of the Constitution on the role of Parliament, the processes in question are ingrained in the Standing Orders and derived from constitutional requirements. At present, no catastrophic or terminal failure has revealed itself with regard to the functioning of the committee system and the pre-publication scrutiny procedure established by the House to sieve the legislative works submitted for consideration by the plenary. Despite appreciating that the structure of the committee system is firm, I am constrained to admit that the statistics of the legislative work of individual Members pending before the Budget and Appropriations Committee and the various departmental committees are worrying. If they are left unchecked, they may indeed disillusion the affected Members and discourage others from exercising their constitutional mandate to legislate. It is, therefore, my finding that some departmental committees are misapplying the provisions of Standing Order No. 114 on pre- publication scrutiny. The intention was not for the departmental committees to curtail the legislative authority of the House or to stop Members from publishing Bills but, rather to facilitate them in this 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."
}