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{
    "id": 1416816,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1416816/?format=api",
    "text_counter": 470,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samwel Chepkonga",
    "speaker": null,
    "content": "a framework where there is a disagreement between the two Speakers; we constitute a mediation committee or conciliation committee to take advantage of Article 159(2)(c) of the Constitution. This is part of the implementation of Article 159(2)(c) of the Constitution, which provides various mechanisms for resolving disputes between persons and institutions, including reconciliation, mediation, and arbitration. We want a friendly mechanism to resolve disputes that arise between the Houses. Some of us have visited the Congress in the United States of America (USA). There is never a day the two Houses have litigated in court. In fact, when a matter is filed in court, the courts restrain themselves. They advise them to go and deal with their issues. That is what we are seeking to do, Hon. Temporary Speaker. We seek to resolve issues that are of concern to us. We are all Members of Parliament but of different Houses. We represent the people and the same interests. The Bill also seeks to outline what constitutes a Bill that does not concern county governments as contemplated in Article 103 of the Constitution. Another very important one is that it provides a framework for the conduct of joint processes of the two Houses. We have been sitting here, but there has not been a process. We do not know how to address the issues that arise from disputes. So, we seek to provide a framework within this Bill to resolve those questions so that when the two Houses sit, we know what constitutes a quorum. Assuming that the 290 Members of the National Assembly come here and the Senate has ten Members, will the House quorate? Those are some of the issues that this Bill seeks to resolve. The other very important cornerstone of this Bill is that it deals with the issue of public participation as contained in Articles 10 and 118 of the Constitution. As we know, this is a very important procedure. I reiterate that this matter has been seriously litigated in court. The courts found out that there is a lacuna in the legislation. Let me read what Justice Muriithi clearly stated in the case between the Commission for Implementation of the Constitution and Parliament. The National Assembly has a broad measure of discretion in how it achieves the object of public participation. How this is effected will vary from case to case, but it must be clear that a reasonable level of participation has been afforded to the public. This Bill seeks to ensure that we encapsulate what is contained in Standing Order 127 to provide very clear guidelines on how to conduct public participation. The Constitution in Article 118 provides a general framework, and Standing Order 127 provides the details of the conduct of Business within the House that has nothing to do with the public. We now seek to bring that very elaborate process that is contained in our Standing Orders into a piece of legislation that can be relied on by members of the public and by the courts in arbitrating issues that are of concern to the people when they think that adequate and sufficient public participation has not been conducted. The Bill also seeks to provide a framework for the amicable resolution of disputes between the two Houses. In brief, this Bill is set out in five parts. Part II deals with the publication and the enacting formula. Part III deals with the joint resolution of a question under Article 110 (3) of the Constitution. Part IV deals with the conduct of the joint proceedings and committees. Part V deals with miscellaneous issues, including public participation. Hon. Temporary Speaker, with those many remarks, I beg to move and request Hon. Murugara, the Chairperson of the Justice and Legal Affairs Committee (JLAC), to second. I thank the JLAC for conducting public participation and tabling a good Report with respect to this Bill."
}