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{
    "id": 1028,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028/?format=api",
    "text_counter": 18,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, in the recent past, we have had cases where Members in a bid to fast-track the legislative process, proposed amendments to the Finance Bill, the subject matter of which is the same as a Bill or Bills already published under different stages before the House. This practice is in breach of Standing Order No.77 (1) on anticipating debate which provides thus: “It shall be out of order to anticipate the debate of a Bill which has been published as such in the Gazette by discussion upon a substantive Motion or an amendment, or by raising the subject matter of the Bill upon a Motion for the Adjournment of the House.” Further, by such practice, this House is denied the opportunity, through its Committees and in plenary, to consider the specific subject matter covered in a Bill. In the present case, the Order Paper of Thursday, 1st December, 2011 carried a proposal to amend the Banking Act, Cap. 488 of the Laws of Kenya by inserting new sections 16(b) and 16(c). These same amendments also appear in the Banking (Amendment) Bill, 2011, a Private Member’s Bill which, coincidentally, was listed in the Order Paper on the same day. Applying Standing Order No.77, there can be no doubt that this amounts to anticipation of debate and should not be encouraged. Hon. Members, in the light of the above, the Chair rules and directs that henceforth commencing with the Finance Bill, 2011, proposed amendments to a Finance Bill shall be approved only where they fall within the scope and ambit of a Finance Bill, that is matters relating to taxes and duties, and where the House is not already seized of the proposed amendments through a previously published Bill. It is my considered view that the proposed amendments in respect of the Price Control Essential Goods Act, The Public Procurement and Disposal Act, 2005; The Energy Act, 2006; The Kenya Information and Communications Act, 1998; and The Privatization Act, 2005 are beyond the scope of the Finance Bill as published and are inadmissible. Accordingly, applying this criterion, only the proposed amendments that fall within the scope of the Finance Bill, 2011 will appear in the Order Paper when the Bill is next listed for Committee Stage. Any amendments that do not fall within the scope of a Finance Bill may be introduced through a Statute Law (Miscellaneous Amendments) Bill published by the Attorney-General or as a Private Member’s Bill. I thank you."
}