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{
    "id": 1122366,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1122366/?format=api",
    "text_counter": 183,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "As you are aware, the Waqf Bill (National Assembly Bill No. 73 of 2019) which seeks to provide for the establishment of the Waqf Commission and administration of waqf property and for connected purposes is due for consideration in Committee of the Whole House in accordance with the requirements of Standing Order 130. To this end, a schedule of various amendments proposed to be considered at the Committee of the whole House has been published in the Order Paper as “Notice of Amendments”. Other than the Departmental Committee on Justice and Legal Affairs, the Member for Garissa Township, Hon. Aden Duale, the Member for Mbita, Hon. Millie Odhiambo, and the Member for Mvita, Hon. Abdullswamad Nassir, have given notice of proposed amendments to the Bill. I wish to inform you that I have since received, through the Office of the Clerk, a Memorandum from the Supreme Council of Kenya Muslims raising several issues with respect to the amendments proposed by the Departmental Committee on Justice and Legal Affairs on Clauses 2 and 8 of the Bill. Just as a way of a highlight, the Departmental Committee on Justice and Legal Affairs has proposed amendments to Clause 2 of the Bill to introduce a new definition of the term “Hajj”. Further, the Committee proposes an amendment to Clause 8 in order to expand the functions of the Waqf Commission to include coordination, licensing, supervision and regulation of services relating to Hajj in Kenya and representation of Kenya in matters relating to Hajj. These are contained in the proposed new paragraphs (gc) and (gd). The Supreme Council of Kenya Muslims, in their Memorandum to the Speaker, objects to the inclusion of the amendments touching on Hajj. The Council contends, among other grounds, that the proposed amendments to the Bill in Clause 2 and Clause 8 in the proposed new paragraphs (gc) and (gd) are misplaced as they propose to bring Hajj matters under the Waqf Commission which is conventionally deals with waqf property and related trusteeship. Consequently, I have examined the proposed amendment to Clause 2 and the proposed new paragraphs (gc) and (gd) in Clause 8 against the provisions of Standing Order 133(5). Standing Order 133(5) provides as follows: 'No amendment shall be permitted to be moved if the amendment deals with a different subject or proposes to unreasonably or unduly expand the subject of the Bill, or is not appropriate or is not in logical sequence to the subject matter of the Bill'. Looking at the Long Title of the Bill, it is clear that the Waqf Bill only seeks to provide for the establishment of the Waqf Commission and administration of waqf property and for connected purposes. Indeed, this is further espoused in the application Clause of the Bill in Clause 3, which provides that, once enacted, the new law shall apply to the making and administration of waqf property. It is on this basis that Clause 8 of the Bill provides for the functions of the Waqf Commission which, from a close reading of the Bill, all relate to the administration of waqf 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."
}