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{
    "id": 1211730,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1211730/?format=api",
    "text_counter": 149,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": " Thank you very much, Hon Deputy Speaker. Allow me also to voice my support for this Motion which is pursuant to the memorandum we received from His Excellency the President making certain recommendations. First and foremost, it is important we clear the air because there is anxiety and fears that the President may actually be initiating some reforms or amendments similar to the BBI which was rejected. It is important to point out that there is distinction between the BBI and the memorandum we have received, in that the BBI clearly was an initiative of the President and the Executive. The gazette notices that initiated the process were signed by His Excellency the President then, while he went ahead to constitute the committee that came up with the proposed constitutional amendment. As far as this is concerned, what the President has done is make recommendations in his two capacities: the first one being the President of the Republic of Kenya, where he is entitled to do so on behalf of the people of Kenya who elected him. Secondly, as a citizen where he has a right to do so by making proposals to this House to consider parliamentary or popular initiative; whatever it is that has to be considered. The memorandum talks about four issues: the first one being the two-thirds gender rule, which is very important because of the constitutional Article which exists that if this House does not enact laws relating to the two- thirds gender rule, then it stands dissolved. It is important to remind the House that the former Chief Justice, David Maraga actually made the advisory that the 12th Parliament had to be dissolved because it had failed to comply with that constitutional provision. Fortunately, it was not dissolved but that is the furthest it went. It remains law in this country and if we do not follow what the Constitution says, there is that risk. The second one relates to the NG-CDF, NGAAF and the Senate Oversight Fund. We have already debated extensively regarding this, the importance of those funds and why they should actually be entrenched in the Constitution. The third one relates to the Office of the Leader of the Official Opposition. This is where there are jitters as to whether we are creating an office for somebody. There are arguments that this House cannot amend the Constitution to comply with that proposal. One reason being given is that our country follows what is known as the presidential system of Government while in areas/countries where we have the official opposition leader, the system of Government is parliamentary as found in Australia, United Kingdom, Canada and such other commonwealth countries. I do not personally agree and I will be persuading my Committee, the Departmental Committee on Justice and Legal Affairs to see it from a different perspective. That even if we do have a presidential system, there are bits and pieces that marry our system with the parliamentary system. It is those bits and pieces that we are going to exploit and use to bring in this office."
}