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    "id": 1067232,
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    "content": "the Speaker may direct either that the Motion is inadmissible, or that notice of it cannot be given without such alteration as the Speaker may approve or that the motion be referred to the relevant Committee of the Assembly, pursuant to Article 114 (2) of the Constitution.” Hon. Members, I note that Paragraph 557 of the Report isolates the Second Schedule of the Bill which, among other things, allocates the proposed 70 additional constituencies among the 47 counties terming it as unconstitutional for its “attempt to oust the application of Article 89(4) of the Constitution, as proposed in the Second Schedule of the Bill” without expressly amending Article 89 and its alleged lack of anchoring in a substantive provision of the Bill. Hon. Members, Paragraph 617 of the Report additionally flags the proposed amendment at Clause 43 of the Bill empowering the Judicial Service Commission to “receive complaints against judges, investigate and discipline judges by warning, reprimanding or suspending a judge” as a claw-back on the independence of the Judiciary and judicial officers, terming it as “unconstitutional” and cryptically requiring its “urgent re-consideration at the appropriate time.” Hon. Members, apart from these two provisions expressly cited in the Report on account of their apparent unconstitutionality, several Members also raised concerns with the following clauses of the Bill questioning their constitutionality: (a) Clause 29 of the Bill which allows for the appointment of the Cabinet from Members of the National Assembly; (b) Clause 44 of the Bill on the establishment of the Office of the Judiciary Ombudsman and its effect on the independence of the Judiciary; (c) Clause 52 of the Bill which establishes the Constituencies Development Fund; and (d) Clause 61 of the Bill which reconstitutes the Salaries and Remuneration Commission; and Clauses 67 and 68 of the Bill which touch on the functions and powers of the National Police Service and the National Police Service Commission. Hon. Members, Article 109 of the Constitution outlines the manner in which Parliament exercises its legislative powers with regard to ordinary legislation, and I quote: “(1) Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President. (2) Any Bill may originate in the National Assembly. (3) A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with Article 122 and the Standing Orders of the Assembly. (4) A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with Articles 110 to 113, Articles 122 and 123 and the Standing Orders of the Houses. (5) A Bill may be introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly in accordance with Article 114.” Hon. Members, the Standing Orders of the National Assembly prescribe, in detail, the procedure to be followed with regard to the initiation of legislative proposals, pre-publication scrutiny of the proposals, publication of Bills, introduction of the Bills in the House and their consideration, including amendment, passage and transmission to the Senate, where applicable. As Members will recall, I have previously applied Standing Order No. 47(3) during consideration of ordinary legislation and other business before the House to exclude specific portions of the legislation or other business found to offend the Constitution or existing laws from debate. 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."
}