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{
"id": 1056374,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1056374/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "This brings the total number of county assemblies that have approved the draft Constitution of Kenya (Amendment) Bill, 2020 to 42. Three county assemblies are yet to submit their resolutions on the draft Bill as at today, 4th March 2021, at 1.00 pm. These are Elgeyo Marakwet, Uasin Gishu and Mandera county assemblies. Hon. Members, you will also recall that in my previous Communication on this matter, I informed the House that the House Business Committee had resolved at its meeting held on Tuesday, 2nd March 2021, that the Bill be introduced for First Reading today, 4th March, 2021, in the form that it was presented to the 47 county assemblies by the Independent Electoral and Boundaries Commission (IEBC). You will note from today’s Order Paper for this afternoon sitting that this resolution has been adhered to. In addition, the Clerk of the National Assembly informs me that he has obtained sufficient copies of the said Bill as directed, indeed, 600 copies to be precise, and that the Bill has also been uploaded to the chamber gadgets for ease of access by Members. As a precursor to the First Reading of the Bill, I have approved the Procedural Motion co- sponsored by the Leader of the Majority Party and the Leader of the Minority Party appearing as Order No.8 in today’s Order Paper for this sitting. The objective of the Procedural Motion is to highlight the Bill’s journey so far and to enable the House to take note of the parliamentary process. Hon. Members, once the Bill is read a First Time today, it shall stand committed to the Departmental Committee on Justice and Legal Affairs. Having previously guided that the Bill will be considered by the two Houses of Parliament in a concurrent manner, the Speaker of the Senate and I have approved joint sittings of the committees between the Departmental Committee on Justice and Legal Affairs and the Senate’s Standing Committee on Justice, Legal Affairs and Human Rights pursuant to the provisions of Standing Order No.202A which provides for joint sittings of committees of Parliament. The two committees are at liberty to jointly undertake public participation on the Bill and are expected to expeditiously report back to the Houses of Parliament on or before Tuesday, 23rd March 2021. This is in keeping with Article 257(7) which provides that, “if a draft Bill has been approved by a majority of county assemblies, it shall be introduced in Parliament without delay.” Hon. Members, two pertinent issued have to be resolved because they are likely to arise. These are: 1) During Second Reading, who will move the Second Reading of the Bill; and, 2) whether, and how the Houses shall limit debate on a Bill whose promoters are neither Members or a Committee of the House. It is the practice of this House and other Parliaments for the sponsor of a Motion or Bill to either move its consideration by the House or depute that responsibility to any other Member with the approval of the Speaker. This applies to all the stages of the consideration of Bills before the House. The rationale behind this is to allow the sponsor of the Bill to apprise the House fully on the contents of the Motion and to clarify on any pertinent issues raised by Members in the ensuing debate. As Members are aware, a Bill to amend the Constitution by popular initiative under Article 257 of the Constitution is not sponsored by the Leader of the Majority Party, the Leader of the Minority Party, a Committee of this House or a Member of this House. Its promoters would qualify to be rightly referred to in our language “strangers to the House”. Hon. Members, Article 257(7), (8), and (9) of the Constitution which govern the consideration of an amendment to the Constitution by popular initiative by Parliament do not, in themselves, identify the specific mover of the key processes of introduction and consideration. They provide, and I quote: 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."
}