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{
    "id": 206988,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/206988/?format=api",
    "text_counter": 133,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, I have two Communications to make. You will recall that on 2nd August, 2007, this House passed the Media Bill 2007. Upon presentation to His Excellency the President for his assent, he declined to assent to it. Pursuant to Section 46(3)(4) of the Constitution, His Excellency the President has recommended that the Bill be amended in Clause 35 by deleting Subclause 4. The Subclause 4 in question, and which was passed by the National Assembly, reads as follows:- \"When a story includes unnamed parties who are not disclosed and the same becomes the subject of a legal tussle as to who is meant, then the editor shall be obligated to disclose the identity of the party or parties referred.\" Hon. Members, His Excellency the President has stated in his Memorandum: \"This provision is ambiguous and is likely to cause problems in its interpretation. The meaning of the expression \"unnamed parties\" has not been qualified or restricted, and can be construed to include subjects of a story as well as sources of information, thereby inhibiting freedom of the Press and undermining democracy in Kenya.\" I have accordingly ordered the copies of the Memorandum to be availed to the hon. Members. I also direct that the consideration of the Presidential Memorandum on the Media Bill, 3432 PARLIAMENTARY DEBATES August 23, 2007 by the Committee of the whole House be placed on the Order Paper on Thursday, 30th August, 2007. Hon. Members, Section 46(5) of the Constitution provides that the National Assembly shall reconsider a Bill referred to it by the President; taking into account recommendations of the President and shall either approve the recommendations with or without amendments, or reject it in toto and approve the Bill in its original form by a resolution supported by votes not less than 65 per cent of all Members of the National Assembly excluding ex-officio Members. The procedure for consideration of the Presidential Memorandum is as follows:- As you aware, Standing Order No.111(1) provides that on recommittal of a Bill, the Committee of the whole House considers only those matters that are specifically referred to it for reconsideration; in this case Clause 35(4). Hon. Members, the following is, therefore, in brief, the procedure that will apply on the committal and consideration of the Media Bill, 2007. As soon as the Order for the Committee is read, the House will proceed to the Committee. The Minister in charge of the Bill will then move a Motion for consideration of the Bill as recommitted. The Committee will then consider the specific recommendation by His Excellency the President, as indicated on the Order Paper, and approve the same with or without amendments, as they deem fit."
}