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{
    "id": 1426996,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1426996/?format=api",
    "text_counter": 74,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "However, be that as it may, there may be Senators who have not had the opportunity to say something about this Bill. This is one such occasion where a written memorandum should be provided to this Committee as they deliberate on the final amendments to this Bill. I say so because the user department of this Bill is Parliament. It is these Members of Parliament in their various Committees who struggle with all these challenges and difficulties. These same Senators, when they envision a legislative proposal, have to go through the challenges of writing to the Speaker and being told the office of the Director of Legislative and Procedural Services is clearing it. After that, it has to go to the Parliamentary Budget office to go through the checks of Article 114 of the Constitution on whether it is a Money Bill or not. Then, concurrence from the two Speakers. This is a long, tedious procedure that is not provided with empirical procedures to assist a Member to know from the onset what they can include or leave out in the Bill. This would guide them as they draft legislation. Eventually, they are told that the Bill has fallen through the cracks of the rules of Parliament because it is either a Money Bill or no concurrence was granted from the other House. This is our opportunity to provide it in legislation so that when a Member sits to partake in their constitutional mandate of oversight, legislation and representation, it is properly guided when the Committee on Justice Legal Affairs and Human Rights Members are here. Unfortunately, when I said this, only the committee chairperson was present. Today, many Members of the Justice, Legal Affairs, and Human Rights Committee exist. When they sat down, they deliberated and said they would want to kill the Bill at Second Reading. I have spoken on this matter many times and said it is an abuse of legislative privilege to destroy any Bill at Second Reading. There is nowhere that you are stopped from receiving a Bill that has five to 10 pages, completely removing everything in that Bill and coming up with your own Bill. If we are allowed to change the heading of the Bill, what can you not change? Therefore, I urge our Justice, Legal Affairs, and Human Rights Committee colleagues to use this opportunity to relook into this Bill and listen to the views that all the Members shared. I listened to almost 15 Members speak to this Bill in the last two weeks. They made proposals on what they think needs to be made better, deleted altogether and what must feature in a proper bicameral relation between two Houses of Parliament as is the practice established elsewhere. This Constitution did not fall from the sky. There are other jurisdictions with bicameral relations. If those countries or jurisdictions have managed this bicameral process to a point where their legislative agenda works, it can surely work in Kenya. We can refine this Bill and make it better. We do not have to mimic or ape any institutional jurisdiction. We can come up with our legislation. Therefore, it is my sincere hope that the Justice, Legal Affairs and Human Rights Committee will guide us in the right direction and help this House. Either later this week or over the recess period, but at the House's rise on Thursday this week, we shall proceed on a three-week recess period. This should be sufficient time for them. When we resume, we will be properly guided as a House on the procedure and move we expect. 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."
}