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"speaker_name": "Sen. Mungatana, MGH",
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"content": "Thank you, Madam Temporary Speaker, for giving me the opportunity to speak on this Bill. I also want to thank the Senate Majority Leader because he moved this Bill in a very able manner. I am currently sitting in a Mediation Committee. About two weeks ago, the Speaker of the National Assembly, the Hon. Moses Wetangula, announced that two Bills had been rejected in Second Reading in the National Assembly. One was a Land amendment Bill and another was the Natural Resources Benefit Sharing Bill, which was a Bill that I had sponsored. So, I was named among the Senators who would be in the Mediation Committee with the National Assembly. This is my second time in a mediation arrangement with the National Assembly, so I will speak from experience. The first experience we had was when there was a joint attempt by the National Assembly and the Senate to bring constitutional Bills. This attempt did not go far. There was a committee chairperson named from the National Assembly side and a committee chairperson named from this side. This came as a result of Kamukunjis that were trying to find a way forward on some difficult questions in the Constitution. We only had two meetings and that Committee dissipated. The reason why that Committee was not successful was because the law that guides bicameral relations was nonexistent at that time. Even these mediation committees that we have try to make sense of the provisions in the Constitution. As we all know, the Constitution gives wide proclamations. For those proclamations to be effective, there must be legislation that comes to the nitty gritty. When you look at the provisions as they stand now, a Bill may be rejected, or some sections of it may be rejected by the National Assembly and then a mediation committee is appointed. This is not in law. It is just what has been agreed upon as a procedure that is supposed to work between the National Assembly and the Senate. When a mediation committee meets, there are supposed to be discussions and negotiations on the contentious sections of the Bills that have issues. When those clauses are agreed upon, a mediated version of the Bill is supposed to be presented in both the National Assembly and the Senate. From what we learnt and my experience, we are supposed to do a Motion attaching the mediated or agreed version on both sides. If we approve that mediated version and they approve it, it skips the other important stages like the Committee stage and the Third Reading. That Bill goes straight for assent. The timelines are also limited. When you look at it, there is a problem in terms of the procedure and the detail of the procedure that is supposed to guide the relations between ourselves and the other House. Practical difficulties also arise. For example, the Bill is supposed to go for mediation and a timeline is set. When does that timeline start running? It is when both Houses Mediation Committee sits. That is when the time for 90 days is supposed to run. Madam Temporary Speaker, practically speaking, right now the other House has gone on recess. We are going to be in session until somewhere around 30th May, 2024. Therefore, when we will be going on recess, the other House will be resuming. We are talking of almost 60 days going without the Mediation Committee sitting. Why am I The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}