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    "id": 1135105,
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    "content": "or otherwise of such business, as contemplated under Standing Order 47(3). Let me also hasten to add that notwithstanding the approval of any business by the Chair under the Standing Orders, it has now become an established parliamentary practice of this House that a question of the constitutionality or otherwise of any matter under consideration by the House may be raised at any stage of its consideration. Indeed, my predecessors and I have been invited on several occasions to guide the House on issues of constitutionality of various matters before the House. Indeed, my predecessors and I have been invited on several occasions to guide the House on issues of constitutionality of various matters before the House. Hon. Members, permit me to highlight a few such cases for the benefit of this House and the general public. Members who have served in the 11th Parliament will recall that the Speaker was invited to rule on the constitutionality of several Bills. First, on 23rd July 2013, the Member for Suba South, Hon. John Mbadi, who is the current Leader of the Minority Party, sought the Speaker’s guidance on whether it was constitutional for the House to consider the National Police Service (Amendment) Bill, 2013 and the National Police Service Commission (Amendment) Bill, 2013. In this case, it had been argued that the two Bills contradicted provisions of the Constitution. I am on record as having determined, then, that the Member failed to demonstrate a nexus or close connection between the specific clauses of the Bills and the specific provisions of the Constitution that those clauses offended. Additionally, I guided that where any nexus was drawn, the proposed amendments were indeed enhancing the functions and powers of the National Police Service Commission and not contradicting any provisions of the Constitution as claimed in the point of order that was raised then. As such, not having found any provisions that offended the Constitution, I directed that the two Bills proceed to the Second Reading. Second, on 11th December 2014, during consideration of the Security Laws (Amendment) Bill, 2014, several Members rose on points of order and sought the Speaker’s guidance on the general admissibility and constitutionality of the Bill. Two key issues stood out in the arguments advanced by Members who spoke then. The first issue was the adequacy of public participation in light of Article 118 of the Constitution and the absence of a report of the relevant Committee on the Bill. The second issue related to limitation of rights and fundamental freedoms contrary to Article 24 of the Constitution. In my communication to the House, I did guide as follows: 1. With respect to public participation, the Clerk had indeed published a notice in the daily newspapers inviting interested members of the public to give their views on the Bill; and that the precedent of the House has been that the absence of a report of a committee on a Bill does not prevent a Bill from proceeding to Second Reading. 2. With regard to limitation of rights and fundamental freedoms, I noted that Article 24(1) of the Constitution permits limitation of certain rights by law, which can only be done by Parliament as the sole law-making authority. Hence, it was my finding that it was only fair that I accord the House the opportunity to satisfy itself that the criteria set out in Article 24 was complied with or make an appropriate determination by way a decision at various stages of its consideration of the Bill. I, therefore, allowed the House to proceed with the Bill and make a decision whether or not to accept the Bill as proposed or make any necessary amendments to reflect the wishes and meet the obligation under Article 24 of the Constitution. Hon. Members who are standing there, can you please walk in because it might take a few more minutes."
}