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{
    "id": 1115348,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1115348/?format=api",
    "text_counter": 29,
    "type": "speech",
    "speaker_name": "Hon. Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, over and above the public advertisement placed in the print media inviting submission of the committee by way of letter dated 20th April 2021... Sorry Members, I think I am redoing that. Hon. Members, the qualitative aspect of public participation as espoused in Article 118 of the Constitution requires the House to receive views from the public, to consider such views and also to demonstrate such consideration in its final output. Indeed, the High Court recently observed in Constitutional Petition No. E001 of 2021 EKLR, that, and I quote— “All parties interested in legislation should feel that they have been given a real opportunity to have their say, that they are taken seriously as citizens and that their views matter and will receive due consideration at the moments when they could possibly influence decisions in a meaningful manner. The objective is both symbolical and practical. The persons concerned must be manifestly shown the respect due to their concerned citizens, and the legislators must have the benefit of all inputs that will enable them to produce the best possible laws.” Members are specifically enjoined by Article 10 of the Constitution to ensure the participation of the people when enacting any legislation. This obligates a committee of the House to which a Bill is committed to undertake and demonstrate the discharge of two distinct tasks in its report to the House on a Bill. The committee must first invite the public to participate in its consideration of the Bill. Such invitation introduces the public to the general content of the Bill and directs them on where to obtain a copy to allow them to review and comment on the Bill either in person or through written memoranda. The substance of the Bill under consideration and the urgency at hand shall guide the committee in prescribing the period within which submissions are to be made. Second, the committee must consider any representations it receives from the public on a Bill. The committee must deliberate on the submissions received, record its views on the submissions and indicate its decision or reasons (where possible) for either agreeing or disagreeing with the representations. This, ideally, is what would inform the recommendations it makes to the House. Hon. Members, from a perusal of the Report tabled before the House, it is evident that though the committee laudably applied itself to the tasks it was given by the House, it fell slightly short of the standards required. The committee did invite the public to participate in its consideration of the Bill. The committee gave notice for the public to submit memoranda and thereafter invited the key stakeholders it had identified to a virtual meeting and other meetings. The committee did receive submissions from key stakeholders affected by the proposals in the Bill as well as other interested members of the public. Reading through the Part III of the Report, Members will note that the committee took great lengths to record the submissions received from the public and concluded its Report by recommending amendments to various provisions of 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."
}