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{
    "id": 1020358,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1020358/?format=api",
    "text_counter": 118,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Now, Hon. Members, I know many of you would have wished that I retreat to go and do a ruling. However, I have had occasion to weigh the various issues that you have raised. One is to observe that the issue that is in contestation is that of compliance with Article 118 on Public Participation. If that is - and it appears to be the main grounds because the others would be issues that can be raised at other stages… Many of the other issues that have been addressed can be raised at other stages of the Bill. However, Hon. Members, I find myself in some very awkward position in that whenever a Bill that is passed through here becomes an Act of Parliament and somebody goes out to court to challenge it, the first respondent usually is the Speaker. Moreover, you know very well the Speaker does not even have a vote nor the chair of any committee. In addition, we have many Acts of Parliament that have been challenged on the grounds of public participation. The most glaring one - and I am happy that again it concerns the Hon. Pkosing, the Chair of Committee on Transport, Public Works and Housing - is the one the Member for Mvita alluded to. Maybe, Chairman, you are not aware that the Merchant Shipping Act which you passed here was successfully challenged in a judgment by a three judge bench and actually today, the matter is pending in the Court of Appeal. However, I am still a respondent again, Hon. Kajwang'. The issue is that there was not sufficient public participation. I remember at that time some Members had tried to raise that issue. Therefore, as the Member for Garissa Township has said, if public participation is raised now at this stage, you are preparing the grounds for challenge. So, even if you go to the Second Reading with the evidence already on Hansard, what is it that we seek to do in enhancing laws? It is not personal to Hon. Pkosing or to Hon. Kajwang’."
}