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"id": 509931,
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"type": "speech",
"speaker_name": "Hon. Kajwang’",
"speaker_title": "The Temporary Deputy Speaker",
"speaker": {
"id": 2712,
"legal_name": "Tom Joseph Kajwang'",
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"content": " I am submitting that Section 25 and Section 26 of this Amendment Bill which places restrictions on bail; the right to bail is a direct assault on the entitlements of arrested persons as protected by Article 49 of the Constitution. Hon. Temporary Deputy Speaker, those are very specific examples and there are more examples. I want to submit that besides those very specific examples, I have linked sections of the Constitution; Section 18 of the Amendment Bill to Article 29 of the Constitution; Sections 25 and 26 of the Amendment Bill to Article 49 of the Constitution; and Sections 4 and 5 of the Amendment Bill to Article 37 of the Amendment Bill. Hon. Temporary Deputy Speaker, it is my submission that having given those specific examples, I have fulfilled the requirement in the ruling of the Speaker that anybody raising the question of constitutionality must be specific in terms of the areas of the Constitution that have been violated. Besides those very specific provisions of the Constitution, this Bill also violates certain inalienable principles of the Constitution in both letter and spirit, including public participation; including the role of the Senate; the Senate must have a role in this Bill because it touches directly on the affairs of counties. But this Bill also touches on the procedures and customs of this House. It has been determined by this House through rulings and customs and traditions of this House that a Miscellaneous Amendment Bill, what we have traditionally baptized “omnibus Bill” cannot be a Bill that alters the character, content or nature of the parent Act, substantially. An omnibus Bill--- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}