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{
    "id": 1230813,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1230813/?format=api",
    "text_counter": 398,
    "type": "speech",
    "speaker_name": "Endebess, UDA",
    "speaker_title": "Hon. (Dr.) Robert Pukose",
    "speaker": null,
    "content": "which the State signifies its consent to be bound by a Treaty, that is Section 2 of the Treaty Making and Ratification Act, No.45 of 2012. As the only body that welds legislative authority to make provisions having the force of law pursuant to Article 4(5) of the Constitution, Parliament decides whether a Treaty shall form part of the laws of Kenya. A Treaty, therefore, only becomes binding on the country after it has been approved by the National Assembly. Section 12 of the Treaty Making and Ratification Act, 2012 emphasises that a treaty cannot be ratified until it has been considered and approved by both the Cabinet and Parliament. In this regard, pursuant to Section 8 of the Treaty Making and Ratification Act, 2012, and upon approval of the Treaty by Cabinet, the relevant Cabinet Secretary is obligated to submit the Treaty, together with a memorandum on the Treaty, to the Speaker of the National Assembly for tabling pursuant to the Standing Orders. The Memorandum by the Ministry of Foreign and Diaspora Affairs on ratification of the AMA Treaty was laid on the Table of the House on Tuesday, 7th June 2022. It was, however, not considered as the House in the 12th Parliament proceeded to sine die recess thereafter. The Treaty was tabled afresh before the House in the 13th Parliament on Thursday, 1st December 2022. Pursuant to Standing Orders 216(5) (f)(fa) and 170(A)(1), the AMA Treaty was committed to the National Assembly’s Departmental Committee on Health for consideration guided by the provisions of the Constitution, the Treaty Making and Ratification Act, 2012 and the National Assembly Standing Orders, and in particular, Standing Order No.170(A). As provided under Article 118(1)(b) of the Constitution, Section 8(3) of the Treaty Making and Ratification Act, 2012 and Standing Order 170(A), the Committee conducted public participation in the course of considering the Treaty. The Committee received written memorandum and oral submissions from various stakeholders including Government Ministries, Departments and Agencies, non-state actors and Non-Governmental Organisations (NGOs). Upon finalisation and consideration of the AMA Treaty and submissions from stakeholders and in accordance with the provisions of Standing Order 170(A)(4), the Committee prepared a Report for the House containing an analysis of stakeholder views, observations made by the Committee and the Committee’s recommendations on the ratification of the AMA Treaty."
}