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"id": 47432,
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"type": "speech",
"speaker_name": "The Minister for Justice, National Cohesion and Constitutional Affairs (",
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"content": "Mr. M. Kilonzo): Mr. Temporary Deputy Speaker, Sir, it is a wonderful thing and it is important for the country, through you and I want to thank you, to notice that this Bill has proceeded in the manner that the constitutional implementation should proceed. As I respond to the remarks of the hon. Members, I can say with certainty that now we know how to proceed as we go to the Third Reading of the Bill if the House approves the proposal on the Floor. I have sat throughout this debate and I have heard the comments and the remarks that have been made by hon. Members. I want to assure the House that in light of the report that has now been tabled by the Committee, as the Government, we will be presenting amendments in order to reflect the wishes of the House and through the House, the wishes of the country. Mr. Temporary Deputy Speaker, Sir, first of all, I want to mention just a few, for example, Clauses 11, 12 and 13. I also want to touch on the issues that for example, hon. Odhiambo-Mabona, hon. Baiya and several others have raised on standardization of the roles of the secretary of the various commissions just like Articles 250, 252 including 254 have mentioned. I want, particularly to talk on the issue of reporting. Let us all look at Article 254 of the Constitution. It is fair that the House be aware of the reporting mechanism of all commissions because it has been standardized. That is why I am excited when the House suggests and I agree entirely, that we standardize these provisions regarding commissions. I am looking at Article 254. You will notice that Article 254 reads as follows:- â(1) As soon as practicable after the end of each financial year, each commission, and each holder of an independent office, shall submit a report to the President and to Parliament. (2) At any time, the President, the National Assembly or the Senate may require a commission or holder of an independent office to submit a report on a particular issue. (3) Every report required from a commission or holder of an independent office under this Article shall be published and publicisedâ. I have read that Article so that the House and the country can be aware of the requirements. The only thing that is lacking here and I think the Constitution has given Parliament this discretion, is what to do with the report. I expect that when these reports are tabled, they will be debated. They may be adopted or rejected in terms of the Standing Orders. Therefore, in the final version of the Bill, we will be proposing that those words - requiring debate in the House - because they already appear in the report, be included. Mr. Temporary Deputy Speaker, Sir, hon. Kiunjuri addressed the issue of the definition of âsalaryâ and âremunerationâ. The same issue was also raised by other hon. Members, particularly my good friend, Dr. Otichilo. The fact of the matter is that it must be understood that Article 162 of the Constitution requires my Ministry, because it is within the judicial system, to present to this House before September a law for purposes that Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to employment and labour relations. The House should know that it is under that law that we are going to address the majority of the issues that have arisen, particularly with regard to labour outside the Public Service. Therefore, for hon. Otichilo, I hear you on the questions that bedevil scientists, researchers and people who have taken technical subjects as opposed to those who have taken liberal ones. Hon. Shakeel addressed the issue of the recommendations appearing in the report and I hear him. We will definitely consider them and we will bring amendments. My brother, hon. Otieno has said it all and I do not need to repeat. In fact, the Deputy Prime Minister and Minister for Local Government has drawn my attention to the fact that we must include county assemblies, particularly in a number of clauses where we are talking about the national Government. We will be bringing in those amendments because after all, the purpose of legislation, particularly in the new Constitution is not for the Executive to demand or dictate, but for a comprehensive process, so that all of us can contribute through public participation in the constitutional implementation."
}