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{
    "id": 1113111,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1113111/?format=api",
    "text_counter": 211,
    "type": "speech",
    "speaker_name": "Kikuyu, JP",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": {
        "id": 1835,
        "legal_name": "Anthony Kimani Ichung'Wah",
        "slug": "anthony-kimani-ichungwah"
    },
    "content": " Thank you, Hon. Speaker. I also want to weigh in on some of the issues that have been raised. To begin with, if you listened to Hon. John Mbadi as he sought an adjournment to the putting of the Question, there is nothing that he raised that was constitutional in nature. It was Hon. Kaluma who brought in the issue of constitutionality and not that of the recommendations that were amended by the Member for Saku. Secondly, there is a presupposition from the argument advanced by Hon. John Mbadi that the Member for Saku was the petitioner in this case. As has been clearly articulated by Hon. Murugara, the Hon. Member for Saku presented a petition on behalf of the people of Saku and Marsabit County. Therefore, it is quite clear. The Leader of the Majority Party, being a seasoned Member of this House serving his third term, knows that our own Standing Orders prohibit a Member from being a petitioner or petitioning. Therefore, the presupposition that the Hon. Member for Saku was the petitioner is wrong ab initio . It is also faulty to advance the argument that the Member for Saku was the petitioner in this case, and therefore, cannot even participate in the debate of the Report that came to the House. The other issue that you are being asked to rule on is exactly what you asked yourself: Can Hon. John Mbadi or any other Member ask the Speaker to negate a decision of the House? You have sat there and told us that the best you can do is listen, but you cannot vote. This afternoon, Hon. John Mbadi is asking you to not only vote, but also to negate the vote of all the Members who spent taxpayers’ time and money last Thursday and made a decision. More substantively, whenever any Motion comes to the House, there are two or three things that we must do to it: debate, take a vote and either adopt or kill it. That was done with this Report. The Report came to the House, it was debated and amendments were done under your signature. Again, there is no amendment - be it in the Committee of the whole House or a Report like this during debate - that can happen without your signature allowing it. Therefore, we cannot entertain what Hon. John Mbadi is asking us, namely, to go back to what we already did as a House because either he or a few other people were not happy or were not there. Again, we are a House that is guided by our own traditions. The other question that you should consider is: Is this the first Report that has been amended in the House? Think about the Truth, Justice and Reconciliation Commission (TJRC) Report. Was it amended? Think about the debate in this Parliament on the Ruaraka land scandal that was presented by Hon. Waihenya’s Committee. There were proposals to amend and they were allowed even though they never went through. Therefore, it is not the first time that this House… I was the Vice-Chairperson of the Public Investments Committee (PIC) in the last Parliament. I have seen Members propose amendments to Committee Reports on the Floor of the House, the House makes a decision and some are defeated. If Members of the Departmental Committee on Administration and National Security did not agree with the amendments that were proposed by the Member for Saku, they had the liberty to lobby and convince the House to kill them. However, they were not able to do that and the proposals were brought by the Member for Saku, debated by the House and passed. Hon. John Mbadi is asking you to become a dictator which is very dangerous, especially for someone like you knowing where you are headed. You cannot even be seen by Kenyans as 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."
}