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"id": 578152,
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"type": "speech",
"speaker_name": "Hon. Baiya",
"speaker_title": "",
"speaker": {
"id": 8,
"legal_name": "Peter Njoroge Baiya",
"slug": "peter-baiya"
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"content": "(i) Article 100 (representation of marginalized groups). (j) Article 164(1)(b) (organization and administration of the Court of Appeal). (k) Article 165(1)(b) (organization and administration of the High Court). (l) Article 169(1) (Subordinate Courts). (m) Article 173 (5) (regulation of the Judiciary Fund). (n) Section 17 of the Sixth Schedule of the Constitution (restructuring of the provincial administration) and, (o) any other legislation required under the Constitution to be enacted by Parliament within five years, by a period of twelve (12) months from 27th August 2015. Hon. Speaker, this is a Motion brought under the provisions of the Constitution, providing that where Parliament has not managed to enact legislation required to be enacted within the period specified in the Constitution, the National Parliament may seek extension of period under the Constitution once and for a maximum period of 12 months. Hon. Speaker, the deadline for relevant legislation that was required to be passed under the fifth year falls on 27th August 2015. Some of the Bills which have just gone through the First Reading are among those Bills, and there are others which are going through publication. The Constitution Implementation Oversight Committee (CIOC) has had occasion to report to this Parliament as recently as 28th July 2015 that we had not received all the Bills that had a deadline of 27th August 2015. That means that the CIOC has been interacting with all the line Ministries to ensure that they develop this requisite legislation. They are the ones who delayed. The most important thing is that all the Bills that require to be enacted have now been brought before the House. What is needed is for Parliament to have time to observe procedures of publication and scrutiny, public participation and all the way until they are developed into Acts of Parliament. Unlike the 10th Parliament, the 11th Parliament is a bicameral Parliament. In the 10th Parliament, we used to meet those deadlines rather expeditiously because there was no consultation between two Houses, but some of the Bills which we are going to be considering will certainly require the input of the Senate. Some of them, by the very nature of issues they are dealing with are quite weighty and controversial, I may say that they are not amenable to easy consensus. Bills like the Community Land Bill, Petroleum Exploration Bill, Physical Planning Bill and many others like the ones regarding the minimum and maximum acreage, historical injustices and evictions--- All those are Bills of sensitive nature and they will require consensus not only between us in the National Assembly and the Senate but even with all the other stakeholders and Kenyans, who are going to be affected by this legislation. So, we are requesting extension of timeline by 12 months. Why are we asking for those 12 months? We do not mean that we will wait until the 12 months are expired. If we are able to develop consensus on the legislation way before the 12 months, I am sure we can conclude those legislations. We can only extend time once. That is why we want to leave it open for Members of Parliament (MPs) to have all the way to August next year, the maximum time possible under the law, so that we can utilize that time to do the necessary public participation. Hon. Speaker, I am aware that some sentiments have been expressed outside this House. Concerns have been expressed that Parliament or possibly the Executive is not taking its work seriously. The truth of the matter is that the responsibility for enacting legislation squarely falls 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."
}