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"id": 510944,
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"content": "However, Parliament is under constitutional obligation to satisfy itself that the criteria specified in Article 24 (1) are met before curtailing any right or fundamental freedom. It is only fair that the House must be accorded an opportunity to make this determination by way of a decision. Whereas Standing Order 47(3)(b), empowers the Speaker to either direct that a Motion is inadmissible on account of unconstitutionality or to direct that a Motion be moved with amendments so as to conform with the Constitution, that power of the Speaker must not be used to curtail debate and decision by the House on a matter contemplated by the Constitution itself. I must exercise great caution not to invoke Standing Order 47(3) (b) at the detriment of curtailing the right of the House to accept or refuse to pass a particular legislative proposal, especially where this right of the House is allowed by Article 24 (1) of the Constitution. The other constitutional matter raised by hon. Simiyu as regards whether the drafting style of the Bill accords to the requirements of Article 24 (2)(b) of the Constitution, is a matter which can be addressed at the Committee Stage of the House by making the necessary amendments to the drafting style. I, therefore, rule that the Security Laws (Amendment) Bill 2014 is properly before the House and should proceed to Second Reading, so that the House can make a decision as to whether or not to accept the Bill as proposed or make any amendments as may be necessary to reflect the wishes of the House. I thank you, hon. Members. Let us have the Mover to move the Bill."
}