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"type": "speech",
"speaker_name": "Ugenya, MDG",
"speaker_title": "Hon. David Ochieng’",
"speaker": {
"id": 2955,
"legal_name": "David Ouma Ochieng'",
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"content": "initiative. That is why it is important that you lay down some basic rules on how, not just this Bill, but similar bills in future will be handled. I would like to direct you to Article 94 of the Constitution in terms of the role of this House when dealing with this Bill. This House, under the law, is a House that can make the laws for this country. So, when dealing with this Bill, would you please help us with the ruling on: “Can this House amend this Bill.” Can we introduce new clauses or make certain changes to this Bill? What is the effect? If you look at this Bill, the Committees concerned had to deal with so many issues that are legal. They looked at issues such as whether this Bill is a popular initiative as well as whether Parliament can amend or deal with what Hon. Leader of the Minority Party was talking about, that is, constitutional amendments or unconstitutional amendments. Would you guide us on the extent of our powers under Article 94 of the Constitution when dealing with this Bill. How far can I go with the amendments that I am going to propose? How far can I go in deleting? Would you guide us on that so that we are able to know how far we can go with this Bill as a House with cautions. The Committee says that our role is not ceremonial, therefore, we must have a role that goes beyond being perfunctory that we sit here and be a conveyor belt. Please guide us in that regard. The other issue that also arose through the Committee is whether the process that led to this Bill is a popular initiative. The Committee took a lot of time looking at that issue as to whether this is an Executive driven Bill, and therefore, not a popular initiative Bill. We also want your guidance as to whether the Bill before us today fits within the four corners of what Article 257 of the Constitution defines as a popular initiative because, as you would know, this Bill did not just come from two Kenyans. This Bill came from two Kenyans who are not just ordinary Kenyans. One of them is the President of the country. Public money was spent in coming up with this Bill, and therefore, this Bill did not come through a process that any other Kenyan has access to. We saw a gazette notice of the people being appointed to the Building Bridges Initiative (BBI) Taskforce and public money being used around the country. Would you define this as a popular initiative or an Executive initiative? What is the nature of this particular Bill? Would you guide the House with regards to that?"
}