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{
    "id": 1523421,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1523421/?format=api",
    "text_counter": 367,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": "comprehensively address the issue, including proposing appropriate amendments to the Constitution and to any relevant statutes that touch on the two-thirds gender principle. Hon. Temporary Speaker, the two Committees covered all the aspects and gave their recommendation on the realisation of the NADCO Report. The Committees deliberated all the clauses contained in the proposed Bills proposing amendments to the Constitution, and made observations as contained in the Joint Report. Further, the Constitution of Kenya Amendment Bill 2024, proposed by the MSWG on implementation of the two-thirds gender principle, proposes to implement it by way of gender top-up through party lists. The Committees considered the draft Bill and made its observations as contained in Chapter 3 of the Joint Report, which we urge Members to obtain copies of and read so that they can enrich their debate on the matter. Chapter 4 of the Joint Report provides the road mark for actualisation of the proposed amendments, including the legal framework or the process of amending the Constitution. Members will note that there are two ways of amending the Constitution in this country, which are the parliamentary initiative and the popular initiative, which is known as the referendum. To conclude, Hon. Temporary Speaker, Chapter 5 of the Joint Report provides a number of recommendations. For instance, the Committee recommends that the draft Constitution of Kenya Amendment Bill 2024, proposed by the National Dialogue Committee, be revised by deleting proposals. These are the proposals we made as regards the draft Constitution of Kenya Amendment Bill 2024: 1. Requirement for state and the public officers to promptly obey court orders. The justification is that there are existing legislative provisions that adequately cater for this. 2. Delete the proposal on extension of the term of the Senate from five years to seven years which means reject the proposal. Sufficient justification was not made for the proposed amendment. Additionally, altering the term and date of elections of Members of the Senate requires a complete overhaul of the Constitution. Thirdly, entrenchment of the office of the Leader of Opposition. This is another one we have, unfortunately, proposed to be deleted. The proposal undermines the presidential system of government in Kenya which we have in our Constitution. Further, Article 108 of the Constitution provides for party leaders in the National Assembly to include Leader of the Minority Party, who is essentially Leader of the Opposition in Parliament. The same provisions are replicated in the Senate Standing Orders. We have a problem with the office of the Leader of Opposition, while we have Leader of the Minority Party in the House. Fourthly, deregistration by a political party is one of the ways which one would vacate the office of a Member of Parliament, County Governor or Member of the County Assembly. There is a proposal in the NADCO Report that one of the ways you can lose your seat is if your party deregisters you. We had issues with this. This is the justification. The proposal is an affront to democracy because political parties are not as democratic as envisaged by the framers of the Constitution. Considering that Members of Parliament are elected by people, the proposal gives the party leaders excessive powers prone to abuse. This would breed dictatorship and subvert the will of the people, as the right of recall should only be exercised by the people but not political parties. The current Political Parties Act and related legislation already regulate party discipline effectively. Article 103 of the Constitution allows Parliament to create laws promoting party fidelity and managing party membership changes. The Committee believes party discipline procedures should be based on facts and merit, but not law. Fifthly, there is the provision for recognition and status of representatives in international legislative bodies which Kenya is a member. This proposal proposes that we The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}