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"speaker_name": "Hon. A.B. Duale",
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"content": "Hon. Speaker, I beg to support the position of the Committee. I want to just pick from the ruling you have read where my amendments and Hon. Mbadi’s amendments became victims of Article 114 of the Constitution. Whether we take the route of the Mediation Committee or not, we must agree with the position of the Committee. If you look at the Senate’s amendments on Clause 2, the Committee agreed with the amendments of the Senate. There was an amendment of the Senate on Clause 3(i) where they proposed a new Sub-section 2(a) and they deleted the Fertilizer Board of Kenya (FBK) and substituted thereof with the words, “Fertilizer and Animal Foodstuffs Board of Kenya (FAFBK).” The Committee agreed with this because of the consistency. So, the Committee has not disagreed with the Senate. The second amendment they have agreed with is on Clause 3. If you go to Clause 2 (b), the Committee has agreed. The bone of contention is in Clause 10 where it reads “and the Senate proposed”. I think they were deleting “one month” appearing immediately after the words “not exceeding” and substituting thereof with the words “one year”. The Bill had one month but the Senate has increased it to one year. The justification for the Senate proposal was to enhance the sentence to Kshs500, 000. However, the Committee found that it is not in synergy with the sentence hence an amendment to a non-custodial sentence. Hon. Speaker, I think we should not run away from mediation because it is provided for in the Constitution. That is the route between the two Houses. We are already in mediation on the Division of Revenue Bill and the constitutional Bill on Environment. I want to ask hon. Wamalwa that let us not be scared of mediation. It is provided for and, therefore, it is not an illegality. We should respect our committees. Committees are also the link between the Executive and Parliament in terms of law- making. I will be very happy if Hon. Wamalwa would agree with the Committee, just as 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."
}