HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1559995,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1559995/?format=api",
"text_counter": 986,
"type": "speech",
"speaker_name": "Hon. Ojiambo Oundo",
"speaker_title": "",
"speaker": {
"id": 13331,
"legal_name": "Wilberforce Ojiambo Oundo",
"slug": "wilberforce-ojiambo-oundo-2"
},
"content": "some semblance of the National Assembly participation in the treaty-making process. I say so in recognition to the statement by Hon. Millie Odhiambo. She indicated as it is written in the Constitution that, all treaties that are ratified by Kenya should become part and parcel of the laws of this country. Indeed, in the Constitution, the only body that is authorised to make laws is the National Assembly. The Senate just participates. For example, when you go to play a football match, there is a cheering squad. So, the Senate is like a cheering squad. Occasionally, the county assemblies make laws, but those are localized laws. The only body that can make laws for the country which bind everybody is the National Assembly. I have some points of concern. One, this elaborate mechanism for participation by the National Assembly is only restricted to economic-related treaties. Therefore, the country can proceed and enter into treaties that legalise deviant social activities like the lesbian, gay, bisexual, trans-gender and queer (LGBTQ). I imagined this Bill would have opened all forms of treaties. So, our country will continue to enter into treaties like establishing military bases that insulate the military from foreign countries who harass, kill and maim ordinary wananchi like the case in Laikipia. We could also get into a situation where after the country signs treaties, the ‘Jonnies’ are allowed to impregnate our women under no subjective paternity test and are not held liable for the child protection. This is a source of worry. I hope that during the public participation on the Bill, the Committee received such concerns. When we get to the Committee of the whole House, we will have a chance to review that matter critically. Clause 4 seeks to amend Clause 5 by including Clause 5a. This is a checklist of the issues to be checked and considered. The procedures are fairly elaborate but, at times, they can be cumbersome or onerous. This is the price we have to pay to ensure that whatever we legislate and approve in this country, has very clear provisions on the interests of Kenyans. I have two other concerns. If you may allow me, without interfering with my timing, I want the Chairman, at the appropriate time, to come out clearly on what is negotiation, execution of the treaty and ratification. In my understanding - and that brings me to Clause 9 - ratification is done by the National Assembly. I need to be guided and educated. I do not understand why the Leader of the Majority Party or the Minority Party forming the Government has to accompany the Cabinet Secretary in ratifying the treaty. I thought that Parliament ratifies. That is the reason why the Bill is about treaty-making and ratification. This is something we need to understand clearly. At the point of the Cabinet Secretary informing the National Assembly, they have already commenced the process of negotiating a treaty. Then, next is the issue of regulatory impact assessment. Inevitably, it will follow with some element of public participation. I am not so sure whether this is good use of public resources because when the treaty comes to Parliament, it will still be subjected to public participation. I need to be guided whether the Public Participation Bill that we attempted to discuss here was finally enacted. It set the threshold, modalities and process of public participation so that we can lift the views of the people, synthesise the same and clearly inform without wasting more public resources. Clause 7 of the Bill seeks to amend Section 8 of the Principal Act by deleting subsection (5) and substituting therefor the following new subsections— “(5) the National Assembly may introduce any reservations as a provision into a treaty. (5A) Where the National Assembly introduces a reservation under this section, the Clerk of the National Assembly shall indicate, in writing, to the relevant Cabinet Secretary the specific clause or clauses of a treaty for which the National Assembly proposes to make reservations and shall specify the reasons for which the reservations are made.” In the Bill before us, there seems to be nothing compelling the Cabinet Secretary to ensure the reservations of the National Assembly are incorporated before the negotiations are completed and the treaty is signed. We should seek an amendment to make it compulsory. The 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."
}