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{
    "id": 572894,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/572894/?format=api",
    "text_counter": 70,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "(b) Enhancing efficiency of government. Separation of powers in this respect recognises that each of the branches is peculiarly well-equipped to exercise the particular functions assigned to it. In the Constitution of Kenya, 2010, the concept of separation of powers is given effect and is apparent in the way the various functions of Government have been apportioned among the three branches of Government. However, as indicated above, separation of powers does not connote complete independence of one branch from the other. There is no better way to illustrate instances where the powers of one branch overlap with the powers of the other than in the appointment of various State officers under the current Constitution. Under Article 130 of the Constitution, the national Executive consists of the President, the Deputy President and the Cabinet. Article 132(2) provides for the appointment of various State officers by the President with the approval of the National Assembly. By taking part in the appointment process, the National Assembly, which is the legislative arm of Government, is taking part in what is clearly a function of the Executive arm of Government. In view of the foregoing, it is apparent that, by sending a Bill back to Parliament with its reservations for reconsideration pursuant to Article 115 of the Constitution, the President cannot be deemed to contravene the doctrine of separation of powers as no branch of Government is completely independent of the other. He is merely exercising the limited legislative function conferred on his office under Article 115 of the Constitution relating to the process of assent. As I conclude, I wish to observe that by making this considered communication, I am conscious that my findings will have implication on the manner in which the National Assembly relates with the presidency, the Office of the Attorney-General and the Senate on the expected form and content of the President’s reservations on a Bill, and the procedure for considering those reservations under Article 115 of the Constitution. The summary of my findings is as follows:- (1) That, in submitting his reservations on a Bill to the House, the President is not prohibited from including his preferred text of the particular clause, section, subsection or paragraph of a Bill; (2) That, just like amendments to Bills, the text proposed by the President to a Bill need not be subjected to the other stages subjected to a Bill upon publication - that is publication, First Reading, Second Reading and Third Reading; (3) That, any committee or Member of this House is free to propose further amendments to the presidential recommendations, so long as such amendments have the effect of fully accommodating the President’s reservations; the voting threshold for the passage of such amendment or, indeed the proposals made by the President is a simple majority as contemplated by Article 121 of the Constitution. Any other proposed amendment that does not fully accommodate the reservations, or a total override of the President’s reservation, including his proposed text, would attract the two-thirds threshold requirement; (4) That, pursuant to the provisions of Standing Order 1(2), the determination of whether a proposed amendment by a Member or a committee to the President’s reservation would have the effect of “fully accommodating” those reservations shall be made by the Speaker on a case by case basis. 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."
}