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{
    "id": 411496,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/411496/?format=api",
    "text_counter": 156,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "We are legislators as we are indeed leaders. This matter puts us under a very difficult corner in terms of our legislative mandate. In the sense that, we debate the memorandum presented by the President. If you are going to approve, then you do not require the two-thirds majority as indeed the Speaker has ruled. If you were to reject, then you require two-thirds. Two things are evident in the House; one, the number in the House is not at the level that will allow us to make amendments or vary the Memorandum of the President. In fact, we are in a situation where the only thing we can do if we are going to proceed is to accept the memorandum. I am worried on the point of leadership at two levels. I remember when the President did return the Bill with reservations and I am confirming that the President is purely entitled to do that under the Constitution. In fact, it is under Article 15. He is entitled to do that as the leader of the country. We did mobilize the nation to begin a rethink of the Bill and a committee met the stakeholders in the media, as Members of the National Assembly and indeed all the leaders across the nation. We also spoke to what we believed should be done to better the Bill. We are in a situation where a matter which was expressed to the nation as a matter on which consensus is reached but due to lack of numbers in the House cannot proceed. I know it may be difficult under the Standing Orders for me to seek to move as I did yesterday, but I know the House has convened even during recess. I am not contemplating what could happen in the afternoon or any other day. Would I be right if by sheer leadership we postpone the further transaction, so that we carry forward the consensus already built by Kenyans and prepared by the Committee? Lastly, there is a matter by which I am seeking your direction, in terms of how the Order Paper is structured in relation to this matter. The House by tradition and under the Standing Order knows that we can only transact those matters which are listed on the Standing Orders. The Standing Order lists that the only thing we are to discuss is the Memorandum of His Excellency the President is the refusal to ascent to the Bill in issue. My reading of Article 115, gives me the idea and I would beg for your directions on it. You are a much more senior lawyer on these issues and highly respected. It gives me the idea that you may reject what the President is proposing in whole or in part. You may also, in rejecting what the President is proposing in whole or in part, introduce your own amendments. Will it be proper, that an Order Paper, speaking then to the issue to be dealt with, is not speaking to the Bill, but merely to the Memorandum? So, if we are going to have a resolution, I have looked through the paper and I am seeing even proposals by other Members in terms of what could be debated, like my good friend hon. Tonui is also proposing KUPPET comes in. My view, and I would beg for the Speaker’s directions on it is that what we need to have listed, under Order 11 is the Kenya Information and Communications Amendment Bill referred by the President. When you restrict it to the Memorandum, we cannot do any other thing about it. My earnest request as leadership is that we do not appear to do things that annoy people, particularly when we are approaching our going on vacation. That will jolt our relationship with the entire nation and portray us not to be leaders. When we promise our people that we are going to spruce up a Bill, we want to be seen to be doing everything in that direction and not to take another path."
}