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{
    "id": 1381784,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1381784/?format=api",
    "text_counter": 286,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "(b) approves the recommendation of the special committee for the establishment of a commission, the resolution of the Senate shall be referred to the National Assembly for concurrence or (c) does not approve the recommendation of the special committee, no further proceedings shall take place with respect to the Petition.” Clause 23 stipulates a similar process which commences in the National Assembly, but goes all the way to the Senate. Members need to know that the Senate is the place to set up a Petition for county boundaries. Once we have dispensed off with the matter, it goes to our colleagues in the ‘Lower’ House. The National Assembly must concur with the resolution of the Senate for establishing a commission. Therefore, the commission is established in accordance with Section 23. If it does not concur with the resolution of the Senate to establish a commission, in that case, the Petition shall be referred to a mediation committee in accordance with Article 115 of the Constitution. The same way when Members of the National Assembly do not agree with bills originating from the Senate: \"If the National Assembly fails to the resolution of the Senate within the specified time, the National Assembly is deemed to have approved the resolution of the Senate.\" I wish we could put this provision in many of the Bills we send to the National Assembly. Then, by sheer luck or whatever means, they fail to read it and it is signed into law. The Bills Members complain that they have sent to the National Assembly and have taken months without consideration to take effect and become law. This is if they choose not to consider it. When they pass the resolution – \"The Speaker of the Senate shall, within seven days of the approval by the National Assembly, submit the resolution to the President for the establishment of a commission in accordance with section 23.\" Clause 23 is mentioned prominently in this Bill. This shows the lack of fluent legislative drafting. This is a conversation we can have about legislative drafting. Director Mogere is a good draftsman. However, we have challenges in doing our Bills. You refer to certain clauses before you get to them. You find Clause 23 being referred to as an eventual solution to an item in the previous clause. We must consider how to clean up the process when making such laws. Clause 23 of this Bill states: \"Whenever Parliament, under Section 22, resolves that an independent county boundaries commission be established, the President shall, within 14 days of receipt of the petition, nominate members of a commission in accordance with this Part.\" This is the setting up of the Independent County Boundaries Commission. This is an independent commission whose membership is listed: \"24. (1) A commission established under this Act shall consist of a commission membership. (a) a chairperson appointed by the President_ The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Director, Hansard Services, Senate."
}