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"id": 1479715,
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"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
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"content": "Thank you. Mr. Deputy Speaker, Sir, in the Senate, the Bill was read the First Time on 28th March 2024 and stood committed to the Standing Committee on JLAHRC. The committee proceeded to consider the Bill extensively, where upon it made several observations. Among these include: If the Bill is passed as it was passed from the National Assembly, which would fundamentally restrict the legislative and representative mandate of the Senate as provided under Articles 96, 94, 109, 110, 112, and 114 of the Constitution of Kenya. Mr. Speaker, the Bill violates the Constitution by derogating from provisions of the Constitution and judicial pronouncements on the procedure for the introduction and processing of legislation in the two Houses of Parliament. Thirdly, the Bill violates Article 118 of the Constitution by proposing that a committee of the second House of Parliament can elect not to conduct public participation on account of public participation having been conducted by a committee of the other House of Parliament. The Bill further contains provisions that would restrict access to judicial intervention as well as punish State officers and public officers, including Members of this Hon. House, by introducing fetters and punitive measures to officers who would be deemed to have advised a House to pursue judicial intervention in a matter and this is contrary to Article 236 of the Constitution. Consequently, by way of a report tabled in the Senate on Tuesday, 14th May, 2024, the committee recommended that the Senate reject the Bill at the Second Reading stage to pave the way for mediation on the Bill as contemplated under Article 113 of the Constitution of Kenya 2010. This would allow the two Houses a time-bound window within which to agree on a version of the Bill that may be passed by both Houses of Parliament. Arising from this, the committee did not propose any amendments to the Bill at that particular stage. The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
}