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{
    "id": 1174543,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1174543/?format=api",
    "text_counter": 151,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "Excellency the President for assent without the Bill being referred to the Senate for consideration. Surprisingly, the Bill was not subjected to the concurrence process under Articles 110(3) of the Constitution. Madam Deputy Speaker, while the Bill is coached as proposing minor amendments, which do not merit the publication of separate Bills, the Statute Law (Miscellaneous Amendments) Bill contains far-reaching proposals. If passed, they would greatly undermine the mandate and functions of the Senate and those of county governments. For example, the Bill seeks to vary the reporting mandate of commissions and independent offices from inter alia, Parliament and in some instances, the Senate. This then makes reporting obligation to be to the National Assembly only. These amendments include amending the reporting obligations of the Independent Electoral and Boundaries Commission (IEBC). I have a copy of the Statute Law (Miscellaneous Amendments) Bill; the Judicial Service Commission (JSC); the Salaries and Renumeration Commission (SRC); the National Gender and Equality Commission (NGEC); Kenya National Commission on Human Rights (KNCHR); the Commission on Revenue Allocation (CRA); the National Land Commission (NLC); the Ethics and Anti- Corruption Commission (EACC); the National Police Service Commission (NPSC); the Controller of Budget (CoB); the Teachers Service Commission (TSC); and, the Public Service Commission (PSC). Madam Deputy Speaker, for example, looking at one of the proposals which is at page 796 of this Bill, it is proposed that the word “Senate” be deleted, so that the only obligation for these Commission will be to report to the National Assembly. That sounds very mischievous. The law as it stands now, if you go to the Judicial Service Commission Act No.11that was passed in 2011; Section 38 states that the Commission and the Judiciary shall cause the annual report to be published in the Gazette, and shall send a copy of the report to each of the Clerks of the two Houses of Parliament, for it to be placed before the respective Houses for debate and adoption. The Statute Law (Miscellaneous Amendments) Bill proposes to amend that particular section to delete the obligation of that annual report being filed with the Clerks of the Senate and not to be considered by the Senate. Another one is the National Gender and Equality Commission. The current Section 53 states that the President, the National Assembly and the Senate may at any time require the Commission to submit a report on a particular issue. The Statute Law (Miscellaneous Amendments) Bill proposes to delete the word “Senate” from consideration and many others. In essence, if this is done, it will be unconstitutional. Article 249(3) of the Constitution states that- “Parliament shall allocate adequate funds to enable each commission and independent office to perform its functions and the budget of each commission and independent office shall be a separate vote.”"
}