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{
    "id": 1067224,
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    "content": "Hon. Members, the Constitution expects county assemblies to consider and deliver to Parliament, their decisions on a draft Bill within three months after receiving the Bill from the IEBC. Records indicate that the IEBC submitted the draft Bill to county assemblies between 27th January 2021 and 2nd February 2021. The Constitution requires county assemblies to consider the draft Bill within three months after the date it is submitted by the Commission, and that the speakers of the county assemblies shall deliver a copy of the draft Bill to the Speakers of the two Houses of Parliament with a certificate that the county assembly has approved it, in the case of an approval. Further, to be introduced in Parliament, a draft Bill must be approved by a majority of the county assemblies, being 24 county assemblies. Hon. Members, the question as to whether the threshold was met in the county assemblies relates to the reported passage of “multiple” versions of the Bill. Indeed, the Report of the Committee has extensively tackled the matter of the errors. I would, therefore, not wish to overstate the matter any further save to say that by way of Communication from the Chair issued between February and March 2021, I regularly updated the House on the progress of submissions of certificates of approval from county assemblies. From the last update of 4th March 2021, the total number of county assemblies that had approved the draft Constitution of Kenya (Amendment) Bill, 2020 was 42 whereas two had rejected the Bill. Based on this fact, the House Business Committee scheduled the Bill for introduction in the House, which was done on 4th March, 2021. Hon. Members, in construing whether the majority threshold was attained, the certificates and the accompanying Bills were considered on their prima facie basis as the documents expected to be submitted by the county assemblies. Indeed, deriving the practice in law, Section 83 of the Evidence Act (Cap. 80 Laws of Kenya) states as follows with respect to certified documents–"
}