HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 3695,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/3695/?format=api",
"text_counter": 540,
"type": "speech",
"speaker_name": "Mr. Namwamba",
"speaker_title": "",
"speaker": {
"id": 108,
"legal_name": "Ababu Tawfiq Pius Namwamba",
"slug": "ababu-namwamba"
},
"content": "Madam Temporary Deputy Speaker, my apology. When the Chief Whip calls, you have to obey. Madam Temporary Deputy Speaker, it is my pleasure to second this Bill. Let me start, of course, by congratulating my eminent attorney sister Milly Odhiambo-Mabona for bringing this Bill. This Bill is very much like her in terms of its progressive outlook, its reformist credentials and in terms of its every attempt to advance the letter and spirit of the new Constitution. The Constitution of the Republic of Kenya vests in this House the power to make law. Article 109 of the Constitution is absolutely clear that the exercise of legislative power in the Republic of Kenya--- Let me just read it for the record:- Article 109(1) – “Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President”. Therefore, the Constitution vests in this hon. House the responsibility, the duty, the power to enact law. In the enactment of that law, it has to extend to every possible limits. I also want to remind the House that the Constitution has duly recognized international law. Indeed, when you look at Article 2(5), again if you allow me to put it on record, reads:- “The general rules of international law shall form part of the law of Kenya”. This means that the general rules of international customary law and legislative law at the international arena form part of the law of this country. However, most instructive for this debate is Article 2(6) that reads:- “Any treaty or convention ratified by Kenya shall form part of the laws of Kenya under this Constitution” Madam Temporary Deputy Speaker, that is the crucial Article in the Constitution that this House needs to be alive to as we debate this Bill. This means that the Constitution has now provided a framework and platform for this House to ratify the application of treaties and conventions within our jurisdiction. This is fundamental especially for those of us who know that in the past this country has ratified conventions and treaties in a manner that has really not been properly thought out. Some of the treaties and conventions we have ratified have later on raised issues and questions as to whether this country really did think through the ratification process before we ratified the said laws. There are also several treaties and conventions that should ideally have been ratified by this country that would have been beneficial to this country. However, because this hon. House has not had the opportunity to do so, such conventions and treaties never got to be ratified. Therefore, by providing a platform and a framework for this House to consider for ratification any treaty, any international convention, this Bill will hand this House the responsibility, the duty and the power to determine ultimately what kind of international laws become part of our jurisdiction and how exactly those treaties and conventions enter this jurisdiction. Madam Temporary Deputy Speaker, it is instructive to know that Section 44 of the Bill indicates clearly that any Bill that seeks the ratification of any treaty or any convention shall include the following things. One, that Bill has to explain how joining the treaty advances or threatens the interests of Kenya in the short-term or long-term. That is fundamental and it is basic that before we make any steps to ratify any convention or treaty, we have to be absolutely clear how such a treaty or convention advances the interest of our republic, both in the short-term and in the long-term. The Bill must also indicate the constitutional implications of the ratification, including an indication as to whether an amendment of the Constitution is required. We may enter a treaty or a convention that would have such far-reaching implications that would necessitate the amendment of our constitution. It should also include affirmation that ratification by Kenya, of the treaty, would be in keeping with or otherwise, advances constitutional values and objectives. Again, we do not want to rush headlong to ratify any treaty or convention that would appear to be at variance or not in consonance with the spirit and letter of our dear Constitution. That Bill must also indicate whether the treaty sought to be ratified permits reservations and the proposed text of any reservation that should be entered when ratifying the treaty in order to protect or advance national interest or ensure conformity with the Constitution. Madam Temporary Deputy Speaker, these requirements will keep the House and the whole country alert. Indeed, Section 44 of the Bill is like a checklist. It will be our legislative checklist or our statutory checklist that before we commence any process of ratification, we can check to find out whether it is in consonance with the Constitution. Yes. Would it require any amendment of the Constitution? Yes or no. Does it advance the best interests of the republic? Yes or no. This checklist is essential and will ensure that this country advances surefooted in regard to any business of ratifying any treaty or convention. The other important section of this Bill is Section 10 which talks about the requirement for registry of treaties. This is essential again because, today, if you wanted, at the click of a button, to flip through a file just to confirm the treaties or conventions this country has ratified since we became a Republic almost 50 years ago, you may not be able to access that information. However, through this section, it will be possible to have a registry that easily tells you the treaties that we have ratified and their implications. I am convinced that this Bill will, certainly, advance the aims of our constitutional implementation process and place Kenya firmly within the family of nations that advances the interest of international law. With those remarks, I do second."
}