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{
    "id": 287837,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/287837/?format=api",
    "text_counter": 262,
    "type": "speech",
    "speaker_name": "Mrs. Odhiambo-Mabona",
    "speaker_title": "",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "Thank you, Mr. Speaker, Sir. Originally, I was rising to find out what relevant Committee this Bill should be committed to because in the Justice and Legal Affairs Committee, we will only deal with certain aspects of it and some of them do not concern us. However, having listened to hon. Mbadi, I would like to ask; if, indeed, a Member raises an issue of constitutionality over certain sections or parts of the Statute Law (Miscellaneous Amendment) Bill, then what hon. Orengo has persuaded us to do is to wait so that when we are voting, we vote either for or against. The hon. Speaker has made a ruling in the past that in an issue of the Constitution, this is not a question of votes. In your ruling on the matter of the Director of Public Prosecutions (DPP), the Chief Justice and the Office of the Attorney-General, it is very clear that if there is an issue of constitutionality or abuse of the Constitution, then that is a matter of interpretation. If I remember that ruling clearly, you said that any person working as provided in the Constitution in respective areas have a right and a duty to interpret the Constitution. But more fundamentally for me, as a person who comes from a human rights background and I very passionately pushed for public participation right from Bomas to the culmination of this, I would really like to be persuaded that the public has been consulted with regard to the Statute Law (Miscellaneous Amendment) Bill. Indeed, at a later date, I will be urging the Attorney-General and if not him, I will move the amendment myself. I know that we have canvassed that issue before and you have made a ruling on it, but it does deny Kenyans a chance to participate. This is because you amalgamate so much in one piece of legislation that it does not give ample time for people to interrogate a piece of legislation effectively and adequately. I know that right now, because of the ruling that was made in the past, and because it may probably require an amendment to our Standing Orders and legislation, I would not like to leave it to rest at that. However, I would like to join hands with hon. Mbadi so that you give us a ruling that if, indeed, something is raised that raises fundamental issues of constitutionality, should we debate it or should the Chair give direction first? Thank you."
}