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{
"id": 1056375,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1056375/?format=api",
"text_counter": 67,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "“(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay. (8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House. (9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Article 256(4) and (5).” Hon. Members, to my mind, therefore, the Constitution tasks the collectivity of Parliament with the process of introduction and consideration of such a Bill. In this regard, and pursuant to Article 124 of the Constitution on the power to make Standing Orders for the orderly conduct of proceedings and business of the House, a procedure for these two processes ought to have been approved by the House. This obviously is not the case as it lacks in our Standing Orders. The constitutional imperative to introduce and consider the Bill and the lack of an express procedure in the Standing Orders for the same informed my previous guidance on the manner and form in which the Bill is to be introduced in this House. By extension, and pursuant to Standing Order No.1, which allows the Speaker discretion to prescribe procedure where none is applicable, I note that the work of the House is largely executed by its committees which recommend various actions to the House and inform debate on matters under its consideration. Members will note that the House has through the Second Schedule to the Standing Orders mandated the Departmental Committee on Justice and Legal Affairs to consider the following subjects: “Constitutional affairs, the administration of law and justice, including the Judiciary, public prosecutions, elections, ethics, integrity and anti-corruption and human rights.” In this regard, it is, therefore, my considered view that apart from facilitating public participation on the Bill, the Committee would also be best placed to move the various stages of the Bill on behalf of the House. In providing this guidance, I hasten to add that I do not in any way ascribe ownership of the Bill to the Departmental Committee on Justice and Legal Affairs of this House. I do also note that it would be unfair for Members to hold the Committee to the same standard that it would hold the mover of a Bill who is a Member of the House. In this regard, the Committee will be executing a constitutional imperative on behalf of the House, but will not assume ownership of the Bill. I would encourage the Committee, while conducting public participation, to extend an invitation to the promoters of the Bill for the promoters to exhaustively explain the philosophy behind the Bill and its various proposals as I do believe, as a matter of public notoriety, that they may not have had an opportunity to appear before various county assemblies to do so. With regard to the second question on the limitation of debate during consideration of the Bill, you note that in my previous Communications on this matter I had indicated the rigorous process that the Constitution attaches to a Bill to amend the Constitution by popular initiative. Being the first time this House is scheduled to consider such a Bill, I am cognisant of the fact that it shall elicit enormous interest from Members, who naturally will want to participate during its consideration by the House. In order to allow sufficient and meaningful debate on the Bill, there is need for the House to decide how speaking time will be allocated amongst its membership. Consequently, in due course, the House Business Committee will be proposing a Motion in this respect before the Second Reading of the Bill. To conclude, I therefore, direct as follows: 1. Upon its First Reading, the Constitution of Kenya (Amendment) Bill, 2020, promoted by the Building Bridges Initiative, will stand committed to the 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."
}