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{
    "id": 1425254,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1425254/?format=api",
    "text_counter": 191,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "“In considering a Bill or a matter on which a committee of a House of Parliament has conducted public participation, a committee of the second House may- (a) elect not to undertake a similar exercise and rely on the findings of the committee of the first House.” Mr. Deputy Speaker, Sir, the provisions of Article 118 of the Constitution gives it a mandatory term that before you consider any particular legislation, you must engage in public participation. By approving or passing this Bill, we are basically saying we are not going to be under an obligation to conduct public participation because the National Assembly could have or has already conducted public participation and have submitted a report. That is one aspect that we are saying the Constitution had provided for the public fully participating when dealing with matters to do with legislation and on aspects that the public are expected to participate in. Lastly, quite interesting, there is the provision that they have said we are supposed to participate in mediation, reconciliation or negotiating as the two Houses to ensure we arrive at a common ground when considering Bills. However, it has gone ahead under the miscellaneous provision to say that if by a report of, let us say, Justice and Legal Affairs Committee (JLAC), or any other committee, a recommendation is made to this House that a judicial process be undertaken. Members of that committee or an official of this House, whether from the secretariat, or otherwise, advises the House to go to court to protect the mandate of this House, such a person commits an offence and will be surcharged. Any cost that, for example, the Senate incurs in litigation will be charged upon that particular individual. That is telling us that if we were to sit back as a House and decide that we must defend the mandate of the Senate in court, they will have committed an offence. The offence attracts a penalty. That penalty on our part will be met by the person who advised the House, whether it is a committee, an elected member or a member of the secretariat. That is one such draconian provisions. It is something that I am very sure did not get into the consideration of the House. If it did, indeed, then how low a House can go in giving such provisions in law? This is what the National Assembly gave us. This is under the provisions of Clause 20(5) and (6). Mr. Deputy Speaker, Sir, this is very important, you will allow me to read so that the House and Members can understand the extent to which the mandate of this House"
}