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{
    "id": 584217,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/584217/?format=api",
    "text_counter": 225,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Madam Temporary Speaker, the Bill is ostensibly to ensure that we have uniformity of legislation. We, as a Committee, are aware that it is possible that there is a procedure provided for in the county assemblies respective Standing Orders. However, in order to have uniformity of legislation and procedure in the manner in which those Petitions will be moved, the Legal Affairs and Human Rights Committee then prepared this Bill, hence my disappointment that we have taken so long. I am convinced that had this Bill been enacted, some of the Petitions we have received in this Senate would easily have found themselves on the floor of our respective county assemblies. The questions that we Senators are asked when we go to our respective counties could be answered at the county assembly level. The purpose is that we must be accountable to the people who elected us and whom we represent. If they have an issue, it must be addressed in a form which can have some force of law. In the Memorandum and Objects and reasons, we have stated the purpose, reasons and the procedure so that we harmonize it. We have provided, under Section 3, the form under which that person will file this petition. The petitioner is also defined as any person under the County Government’s Act Section (1) and Section (3), in order to ensure that our electorate in the counties can present a petition that is fairly capable of being determined in a manner that is understood. The petition should be handwritten, printed or typed so that we allow the people out there to even present a handwritten Petition. It should be in English or Kiswahili under the Constitution; should be free from alterations, should be addressed to the county assembly, should clearly indicate the subject matter and indicate whether there have been any efforts to address the issue to any relevant body and whether there has been any outcome. Madam Temporary Speaker, the petition that will be filed by the citizens to the county assembly will indicate also whether there is any pending court process so that we can take care of the issue of sub judice . We do not want our county assemblies to violate the principle of sub judice by discussing matters that are pending before another court so that we can respect the principle of separation of powers. It should also be clear that the prayers cite a definite object; we do no not want love letters in our county assemblies. It must be clear, have an objective and must identify either by a thumbprint or a signature of the petitioner so that we are clear that the Petitions are not anonymous. Anonymous petitions will not be accepted at the county assembly. We want the person filing this petition to be courageous enough to face the county assembly members by appending their signature or thumbprint in order for us to be sure that that person is not a fraudster. The petition will not have letters, affidavit or any other documents attached to it. In the case of a petition presented by a Member of a County Assembly (MCA) on behalf of a petitioner; he must be able to sign. We have replicated the procedure like the one we are using in the Senate where a MCA, or a Senator like most of us have done, will be able to present a petition just like the one Sen. (Prof.) Lonyangapuo presented on behalf of the retired councillors which is causing a lot of mayhem. Nonetheless, the procedure is the same. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}