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"id": 248434,
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"speaker_name": "Mr. Keter",
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"legal_name": "Charles Cheruiyot Keter",
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"content": "Mr. Temporary Deputy Speaker, Sir, it is almost two years since that resolution was June 6, 2006 PARLIAMENTARY DEBATES 1149 adopted by this House. This Bill seeks therefore, to implement that resolution which was passed by this same House. I want to go straight to the sections which the resolutions adopted. Mr. Temporary Deputy Speaker, Sir, Sections 58 and 59 of the Constitution of Kenya deal with the summoning, proroguing, adjournment and dissolution of Parliament. All these functions are being controlled by the Office of the President. As we know, sometime back the Eighth Parliament passed a resolution leading to an Act of Parliament leading to the creation of the Parliamentary Service Commission, which deals with the salaries, remuneration, et cetera of the parliamentary staff and also hon. Members of Parliament. Therefore, to strengthen that resolution, this Bill seeks to remove those powers which the President has, so that Parliament can control its own calendar through the Parliamentary Service Commission. Mr. Temporary Deputy Speaker, Sir, the current Constitution vests the power to dissolve and prorogue Parliament in the President. We have just come from a long recess, starting from the October Referendum period to March. If we had a parliamentary calendar we would not have stayed home for all those five months or so. It is, therefore, the responsibility of the Ninth Parliament, in essence, to adopt this Bill so that we can be judged by our work because, currently, as you are aware, when we go on recess we do not know whether it will be a long or short one. We also do not know when Parliament will be prorogued before a General Election or when it will convene after a General Election. All these functions are controlled by one person who is the President. With the democratisation process that is occurring in so many countries, Kenya should not be left aside. We should be part of it. That is why I am calling on my colleagues, the hon. Members of Parliament, to support this Bill so that we can know the exact time we are proceeding on either short or long recesses. Mr. Temporary Deputy Speaker, Sir, Section 58 of the current Constitution talks about summoning of Parliament. It says it is the responsibility of the President to decide when Parliament commences its session. This Bill gives that responsibility to the National Assembly. This is indicated on the first part of the Bill on Page 335. The Parliamentary Service Commission (PSC) has accorded great service to Parliament, and to an extent, this nation. When Parliament is on recess, whether there is an emergency or not, it depends on the President to summon it. However, the proposed Clause 58(4) provides for 20 per cent of hon. Members of Parliament to petition the Speaker of the National Assembly to convene it. This means that if we are on recess and there is a national crisis, 20 per cent of the sitting hon. Members, excluding the ex-officio, can petition the Speaker to summon Parliament. Mr. Temporary Deputy Speaker, Sir, when the House is prorogued during an election year, this Bill provides for 65 per cent of hon. Members of Parliament to petition the Speaker to reconvene Parliament if there is an agenda to be discussed. This Bill, therefore, does not allow for dissolution of Parliament. There is no time when the President will not be in office or in session. This Bill emphasizes continuity of office. Even after an election, there must be smooth transition to the next Government. It means I, as an hon. Member of Parliament representing a constituency, must remain in that position until the day when there is swearing in of a new hon. Member. That has been provided for in this Bill. It means Parliament will run for five continuous years without interruptions. As we are aware, having been long-serving hon. Members of this House, when Parliament is dissolved, it becomes almost impossible for a Member to access facilities in Parliament. In fact, an hon. Member is treated as a stranger. An hon. Member is supposed to be respected until the day his or her constituents vote him or her out. If the Ministers and their Assistant Ministers remain in office until when there is a new Parliament, why should this not be the case for hon. Members of Parliament? Mr. Temporary Deputy Speaker, Sir, with the introduction of constituency offices, there is a 1150 PARLIAMENTARY DEBATES June 6, 2006 lot of funding released to constituencies through the Constituency Development Fund (CDF). These funds are controlled by hon. Members. This Bill seeks the conformity of the PSC and the constituency offices. These offices are essentially an extension of Parliament. This means that there must be smooth handing-over to the next hon. Members. Mr. Temporary Deputy Speaker, Sir, this Bill provides that Parliament stands prorogued on the 30th of November every year and a new Session to commence on every 1st Tuesday of February the following year. This provides for the long vacation. I believe the PSC will work out a timetable which will be approved by the House. The Bill says:- \"The timetable of the business of the House will be approved by this same House.\" It is the responsibility of the PSC to provide that timetable and we adopt it. This has to be done by a way of the resolution of this House. The Bill also provides that Parliament shall continue for five years from the first date the National Assembly first meets after dissolution, and shall then stand dissolved. Section 59(5) of the Constitution of Kenya reads: \"At any time when Kenya is at war, Parliament may from time to time provide for the extension of the period of five years specified in subsection (4) for not more than twelve months at a time: Provided that the life of Parliament shall not be extended under this subsection by more than five years.\" So, in case of any emergency, it is the work of this House to make a resolution. I do not want to touch on many issues because I believe that the Bill has been in the domain of most hon. Members for a long time. Mr. Temporary Deputy Speaker, Sir, I call upon my colleagues to remember a point we have been talking about, that concerns the President being elected by the majority. We are individually elected by our constituents. Therefore, a vote of no confidence should not be passed in this House by hon. Members. After wide consultations with hon. Members, it was decided that a vote of no confidence on the President should not be a domain of this House. The decision should not be made by hon. Members. There is a new Subclause, 59(a) which is provided for in the Bill. I do not want to talk for long about it because I want to hear the views of my colleagues. The Bill is important for this country. It is important because when the new Session started, the President himself said that the Government's agenda was to pass more Bills. How do we do that when we do not have a calendar? If one goes for an interview, they are asked which year they were born. That person is in a position to answer when he or she was born. The person may reply that he or she was born in 1960, 1970 or any other year. We should be able to answer questions the same way to our constituents. We should be knowing when we are expected to go on recess or reopen Parliament. The possibility of the President using our ignorance as a campaign tool should not exist. Everybody will have known, for instance, that at the end of the month of November, after every five years, Parliament will stand dissolved for an election and will also be aware of when it will resume, which is during the first three weeks of February of the following year. That way, there will be continuity in the business of this House. The Bill complies with the Standing Orders and the Constitution of Kenya. I spent some time at the Attorney-General's office and I believe that the Minister for Justice and Constitutional Affairs will support this Bill. With those few remarks, I beg to move and call upon my colleague, Mr. Muturi, to second."
}