HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 201212,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/201212/?format=api",
"text_counter": 248,
"type": "speech",
"speaker_name": "Prof. Kibwana",
"speaker_title": "The Minister for Lands",
"speaker": {
"id": 277,
"legal_name": "Kibwana Kivutha",
"slug": "kibwana-kivutha"
},
"content": " Mr. Speaker, Sir, I am very much privileged for you to mention that we went to a very good school together. Mr. Speaker, Sir, I just want to buttress what Ms. Karua has stated. I think when one looks at the proposed amendment by the hon. Member, its purpose is actually to negate the Presidential recommendation on this particular aspect. But clothe that in the name of an amendment, so that Section 46 (5)(b) does not apply. That is because if that applies, one must mobilise two-thirds of October 4, 2007 PARLIAMENTARY DEBATES 4365 the entire National Assembly. Therefore, I think you have to examine the proposed amendment vis-a-vis the Presidential recommendation to satisfy yourself whether, in the name of the amendment, the very essence of the Presidential recommendation is not being removed entirely. That is one thing. Two, if we treated this as a legitimate amendment which, therefore, could be defeated by a vote against it, then one must also ask, according to Section 45(5)(a), the National Assembly shall reconsider a Bill referred to it by the President, taking into account the comments by the President and shall either approve the recommendations proposed by the President with or without amendment and resubmit the Bill to the President for assent. Does it also mean that if the President thinks that the substance of his recommendation has been defeated, he can refuse to assent again? Then we go back again to Section 46 (2) which says:- \"When a Bill has been passed by the National Assembly, it shall be presented to the President for his assent?\" Then, the President can again, refuse to assent. What I am drawing your attention to, therefore, Mr. Speaker, Sir, is that, if you put the President in a precarious situation where he knows that the substance of his recommendation has been defeated via a proposed amendment, which is really not an amendment, but a rejection thereto, then he may have a recourse. He may say: \"Let me make another recommendation!\" It will be a merry-go-round! Both the President and the National Assembly are going to be put into disrepute! Therefore, this is really a weighty matter because, basically, what the President's recommendation was trying to achieve was to buttress the investigatory powers of the Commission, knowing very well that they do not prosecute."
}