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{
    "id": 1113097,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1113097/?format=api",
    "text_counter": 197,
    "type": "speech",
    "speaker_name": "Ruaraka, ODM",
    "speaker_title": "Hon. T.J. Kajwang’",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": "Hon. Speaker, I hold nobody’s brief. I do not hold brief for my leader, the Leader of the Minority Party, neither do I hold brief for all the honourable Members of this House. I hold brief for the Procedure and House Rules Committee. It has been a trying moment in this Parliament to find out the correct constitutional position of petitions. Petitions are a big step that has been brought to us by dint of Article 119 of the Constitution and domesticated under the Standing Orders in almost the same language as the Constitution. We have been agonising on how to increase the space for ordinary Kenyans to reach this House and voice what they think is happening, other than the legislative and representative mandate of the Members. It is true that a Member may petition on behalf of his constituents. In fact, a Member could also petition on his own behalf and sign off on that petition. The issue that the House is dealing with this afternoon is an important one, were it not for all these challenges. I must confess that I cannot speak for the people of Marsabit because I do not come from there and cannot talk about those facts. However, I can talk on behalf of the House in the sense that we want to have an orderly and procedural way in which Members and anybody else can approach the House and be heard. Today it is the Member for Marsabit, tomorrow it will be the Member for Ruaraka. Issues of constitutionality can be raised at any time. In fact, you have a lot of latitude, including Standing Order No.1 of our rules. The Member for Garissa Township knows that very well and that is why he spoke to you as a ranking Member of the House. He should have asked whether an issue of constitutionality can be raised just at the verge of a decision being taken by the House. We can arrest the decision, look at it and decide whether it is constitutional or not. I am worried because this is the first time that a petitioner has petitioned, attended the hearing of his petition as a witness, thereafter, came to the House, assumed his representative role, decided that that was not in keeping with what his residents were saying and chose to amend it. When amending it, he may not have had the same brief that he did when he was filing the Petition. When filing the Petition, he was doing it on behalf of the people. When amending it, one does not know whether he did so on behalf of the people or whether it was his decision in his representative capacity. When he makes those amendments, a report is discussed as amended and a vote is taken on it. Those are issues which need to be clarified, so that the issue of petitions is clear to the House, whether you are for the people of Marsabit or not. For the dignity of the House and the future generations who will use the procedures of the House, the issue of petitions is still a nascent thing which needs careful nurturing. The best way would be to retire, look at it very objectively and then bring what will become the norm or tradition of this House which can be used in future. So, irrespective of the facts of this case, Hon. Mbadi 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."
}