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{
    "id": 556323,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/556323/?format=api",
    "text_counter": 74,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, I wish those of you not seated would allow me to make this Communication. Unless you wish to remain standing, and you may stand for a long time, you can sit. Hon. Members, I wish to make this Communication on the manner of considering a Presidential Memorandum on a Bill concerning county governments. You will recall that on Thursday, 11th June 2015, I indicated that I would be giving guidance on the manner of considering Presidential Memoranda on Bills considered in both Houses of Parliament. This was occasioned by the Messages received from His Excellency the President on Bills recently concluded by Parliament including the Public Procurement and Asset Disposal Bill, 2014, the Public Audit Bill, 2014 and the Public Procurement and Asset Disposal (Amendment) Bill, 2013. The provisions of our Standing Orders are not in tandem with the expectations of the Constitution. Specifically, the provisions of Standing Order No.155 which commit Presidential Memoranda on a Bill considered by both Houses to a Joint Committee; this clearly offends the provisions of Article 115 of the Constitution. While Standing Order No.155 foresees the adoption of a report of a Joint Committee of the two Houses, Article 115 of the Constitution requires that any amendment to the President’s recommendations or indeed, a total rejection of the recommendations should be supported by a vote of at least two-thirds of the Members of the National Assembly and two-thirds of the delegations in the Senate. I have put emphasis on the use of the word “and” and in the requirements provided by the Constitution. Hon. Members, for the avoidance of doubt, Article 115(4) of the Constitution which stipulates the process for the referral of a Bill by the President states as follows: “Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported— ( a ) by two-thirds of members of the National Assembly; and ( b ) two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate.” 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."
}