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{
    "id": 1097709,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1097709/?format=api",
    "text_counter": 13,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(iii) Clause 18 of the Bill, which proposes that the Commissioner for Refugee Affairs may revoke the status of a refugee at any time after recognition as a refugee if the refugee has committed a war crime or a crime against humanity. In his reservations, the President observes that the clause, when read together with Clause 17 of the Bill, causes confusion as the revocation of refugee status is materially the same as the cancellation of refugee status. (iv) Clause 28 of the Bill, which provides for rights of and obligations of refugees, does not take into account the Government’s policy in which refugees from partner States of the East African Community (EAC) can benefit from an alternative immigration status which may allow them to obtain work permits. The new policy is intended to facilitate the full implementation of the 2010 East African Community Common Market Protocol and substantially reduce the refugee population in Kenya while, simultaneously, operating as a durable and more practical solution to the protracted refugee situations. (v) Clause 31 of the Bill, which provides for the requirement for refugees to reside in designated areas, authorises the Commissioner for Refugee Affairs to require any refugee in one designated area to move to another designated area. His Excellency the President observes that the clause fails to make any reference to refugees who may be residing outside designated areas and does not make any provisions regarding the Commissioner’s control over them. Hon. Members, having made his reservations, which are explained in more detail in his Memorandum to the House, His Excellency the President now requests the National Assembly to reconsider the Bill in accordance with the provisions of Article 115(2) (a) of the Constitution. Standing Order No.154 (2) of the National Assembly Standing Orders requires the House to consider the President’s Reservations within 21 days of the date when the House next meets upon receipt of the Memorandum. In this regard, His Excellency the President’s Reservations, as contained in his Memorandum, now stand committed to the Departmental Committee on Administration and National Security for consideration. The Committee should table its report soonest to allow the House to consider the President’s Reservations within the set timelines. Hon. Members, may I, at this early stage, remind the House of the Speaker’s Communication of 28th July 2015 concerning the consideration of the President’s reservations to a Bill and amendments thereto. I particularly draw your attention to my guidance that, the voting threshold for the passage of amendments proposed by a Committee or an individual Member that have the effect of fully accommodating the President’s reservations is a simple majority as contemplated under Article 122(1) of the Constitution as read together with Article 115(2)(a). On the other hand, an amendment that does not fully accommodate the President’s reservations or, indeed, one that has the effect of a total override over the President’s reservations, including negating his proposed text, would require a two-thirds voting threshold to be passed in keeping with the provisions of Article 115(4) of the Constitution. Hon. Members, I wish to further remind the House and the Committee that only Clauses (2), (8), (18), (28) and (31) of the Bill will be considered. I, therefore, direct the Clerk to circulate the Memorandum of His Excellency the President to all Members, so that they can familiarise themselves with its contents. I thank you."
}