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{
    "id": 1425249,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1425249/?format=api",
    "text_counter": 186,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "To start with, I ask the hon. Members of this House to read the report that the Justice, Legal and Human Rights Committee (JLAHC) tabled on this particular Bill so that they understand the extent of the provisions the Bill is seeking. While the Senate Majority Leader was moving this Bill, he indicated to the House that over time, efforts have been made to ensure that the bicameral relations; the relationship between this House and the National Assembly is harmonized, so as to ensure that the legislative mandate of the two Houses is aimed at advancing their role. Mr. Deputy Speaker, Sir, you went ahead to also confirm to the House that previously, there have been efforts to pass legislations that would govern this particular relationship. However, in the 12th Parliament, there was a Bill that was passed by this House; The Determination of the Nature of Bills, (Procedure Bill), Senate Bills No. 30 of 2018. This hon. House debated and passed it, but it was not considered by the National Assembly. The reason behind that inability to have it considered is what in the view of our Committee, informed the contents of the present Bill. As I have said, I ask the Members to read the report whose ultimate decision made by the committee is to reject this Bill in its Second Reading. The justifications are running through from the provisions of the first clause to almost the last clause, which in a short while, I will explain and justify. Article 94(1) of the Constitution of Kenya provides for the mandate of this House. That mandate is exercised for and on behalf of the people who elected the membership to this House. Article 94 (1) read together with other provisions of the Constitution provides for the Bills that must come through this House; whether emanating from the National Assembly or from this particular House and it goes down to the National Assembly. The provisions of this particular Bill have tampered with that particular mandate of the House and in the process, will largely affect the legislative process. As a result, this House will definitely have failed in its role of protecting devolution and the other relevant additional mandates of the county governments, pursuant to the provisions of Article 96. Mr. Deputy Speaker, Sir, in essence, in our report which is running through three chapters, the committee has analysed each and every provision of the Bill and given its recommendation on whether or not they support the mandate of this House. One of the very critical provisions, which we must analyse and the reason why we are saying we reject this Bill, is Clause 6(2) of the Bill. It seeks that the question about interpretation of whether or not there is an issue that must be determined by the Speakers, is after it has been read in the National Assembly. Allow me to refer to the provisions of Article 110(3) of the Constitution for purposes of stressing the extent of the attack on the mandate of this House by this particular Bill. Article 110(3) Constitution starts by the words, “Before either house considers a Bill---,” the bold provision is, “before either house,” whether it is this particular House or the National Assembly. The provisions under Clause 6(2) says: “a Bill can be considered by the National Assembly---” A question only arises, when it says “Whenever a Bill is published in the Gazette---”"
}