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{
    "id": 1115341,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1115341/?format=api",
    "text_counter": 22,
    "type": "speech",
    "speaker_name": "Hon. Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "qualitative manner and not a quantitative or cosmetic ritual of ticking the box to satisfy the requirements of Article 118 of the Constitution and Standing Order No. 127. Hon. Members, as you may recall, I have previously referred a Bill back to the relevant Committee and ordered fresh public participation where I was not satisfied that the threshold of public participation within the meaning of Article 118 was met. This was the case when I directed the Departmental Committee on Transport, Public Works and Housing to undertake fresh public participation on the National Aviation Management Bill, 2020, (National Assembly Bill No.18 of 2020). Indeed, the courts have also affirmed the mandatory nature of public participation and emphasised on its qualitative aspects to distinguish it from a mere consultation or a public relations exercise without a meaningful purpose. In this regard, I need not revisit and belabour the meaning, scope and threshold of public participation. Hon. Members, in arguing that the Departmental Committee on Health did not conduct adequate public participation within the meaning and threshold envisaged in Article 118 of the Constitution and Standing Order No. 127(3), Hon. Aden Duale claimed, and I quote: “… despite several bodies in the health sector, including the Kenya Union of Clinical Officers (KUCO) and the Kenya Clinical Officers Association (KCOA) - the bodies that regulate medical doctors, pharmacists and nurses, among others, in this country - submitting memoranda to be considered by the Committee, they can confirm to this House that the Committee in its Report completely disregarded their submissions. In disregard of Article 118 of the Constitution, the Committee never considered one single memorandum, neither did it give some of those institutions and bodies an opportunity to appear before it to prosecute.” Hon. Members, I have perused the Report of the Committee on its consideration of the Health Laws (Amendment) Bill, 2021 and noted that, pursuant to Article 118 of the Constitution and Standing Order No. 127(3), the Committee rolled out the process of public participation by placing an advertisement in the print media on 11th March 2021, requesting for comments and memoranda from the public on the Bill within seven days. Hon. Members, page 25 the Report of the Committee indicates that the Committee received a Joint Memorandum and individual memoranda from the following parties: (a) Parties to the Joint Memorandum 1. The Ministry of Health 2. The Pharmaceutical Society of Kenya 3. The Kenya Medical Association 4. The National Nurses Association of Kenya 5. The Kenya Dental Association 6. The Kenya Pharmaceutical Association 7. Kenya Clinical Officers Association 8. Association of Kenya Medical Laboratory Scientific Officers 9. The Association of Medical Engineering of Kenya 10. Kenya Association of Radiologists 11. The Public Health Society of Kenya 12. Environmental Public Health Association of Kenya (b) Individual Memoranda by these following groups: 1. The Peoples Health Movement of Kenya 2. Christian Medical & Dental Association of Kenya 3. Kenya Progressive Nurses Association 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."
}