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{
    "id": 1416823,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1416823/?format=api",
    "text_counter": 477,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr) Ojiambo Oundo",
    "speaker": null,
    "content": "Consequently, the other House takes advantage of the lacuna and generally takes over matters that are not theirs. I attended a mediation committee in an area where I am an expert. I withdrew tactfully because it was becoming difficult to discuss with Members of Parliament who did not understand the subject matter, but they purported to be experts in the matter. I withdrew from the committee. As someone who has gone to school and practised, I did not want to be embarrassed by people who did not understand the area of study we were dealing with. I have gone through the Bill. I hope and pray that the spirit will allow us to cure this matter. It is embarrassing for the two Houses to go to court. Articles 95 and 96 of the Constitution are very clear. At one time, I was sitting with a Senator. He said the Senate represents counties that are populated by people. They have the right to originate and conclude the law-making process in their chamber because they legislate for the people. I reminded him politely, and he was my senior, that the Senate participates in the law-making process, but it does not make law, save for only the County Revenue Allocation Bill. To an extent, they also pass the Division of Revenue Bill by virtue of the Constitution. About the Bill, let me commend the Chairperson. I hardly ever commend my friend, but I am obliged to commend him today because he and the Committee have done a good job. There are some thought processes involved in the development of the Bill. Hon. Temporary Speaker, allow me to comment on the Bill briefly. I will start with Clause 11. It states: \"11(1) Where the Speakers are unable to jointly resolve a question arising under Article 110 of the Constitution, the Speakers may– (b) jointly appoint any person or body of persons to make such recommendations within seven days on the way forward as may be appropriate.\" I admit I have not read the Report. We might have to consider restricting or limiting the types of bodies that can be called upon to resolve such a matter. I would even propose the Kenya Law Reform Commission, if it is a legal entity, or the Office of the Attorney-General because he has to give a legal opinion on the way forward. If we leave it open, the term \"any person or body of persons\" is so ambiguous that the Speakers can choose anybody within their ranks to purportedly review the matter. Secondly, I also do not see the essence of Clause 12(2) because it is already provided for in the Constitution. It is not a good drafting procedure to copy and paste from the Constitution and put it in a Bill. Perhaps those are some of the areas that we need to provide for. Clause 12(3) is a bit draconian. I disagree with the part that states that the relevant Committee of the Assembly may recommend that a Bill or Motion not be proceeded with by the Assembly for want of compliance with the procedure set out in Article 109(5) of the Constitution. I find this too draconian and limiting. We do not fix a working system. Let the Bill go through the normal Second Reading Stage. Let it meet its fate at the end of the Second Reading with recommendations from the Committee. Clause 14 is very critical. We are facing a similar situation. It has been several days since this House selected its Members to the Mediation Committee on the Employment (Amendment) Bill (Senate Bill No.10 of 2022). The Senate has not yet recommended its Members leaving everything in limbo. Clause 14(2) states: \"14(2) The Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of Members of each House, to attempt to develop a version of the Bill that both Houses will pass.\" I want to suggest to Hon. Chepkonga and Hon. Murugara that we put timelines in place, be it a number of sittings – and I propose four sitting days – or, if either House is on recess, probably 14 calendar days. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}