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{
    "id": 595294,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/595294/?format=api",
    "text_counter": 296,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, we should put this matter to rest. We should also appreciate, as the Legislature, we exercise some form of dual mandate because the Executive proposes nominees in exercise of its functions under Chapter 9 of the Constitution, which starts from Article 129 to Article 158. That is a function of the Executive. If you read Chapter 9 of the Constitution, it is on the Executive. If you read Chapter 8 from Article 93 to Article 128 of the Constitution, it is the Legislature but therein is the provision, among others, and it is fair--- I have always said this: Article 94 of the Constitution is very clear that no person or body has authority to make provision having the force of law in Kenya except Parliament. That is clear and it is within Chapter 8 of the Constitution. But that same Chapter provides the mechanism for enacting legislation and certain stages are provided for. If for instance, we pass a Bill here and I deliver it to the President and he does not assent to the Bill within the specified period, under Article 115, if he does not refer it back like he has done with this one, the Bill would be deemed to have been assented to and it would become law automatically. Again, those are provisions within this same Constitution. But the same Constitution has given the President the powers to either assent or refer it back with a memorandum. I have explained in this ruling what that means, that it is recommendation with a reservation. I have explained in this one taking into account the provisions of all those other existing laws, the former Constitution, the current Constitution and the practice of other jurisdictions. So, it is not fair for us to say we exercise that right and it is exclusive to us. Then, if it was exclusive, there should be no provision about referral. It should be: The President shall assent failing which it becomes law."
}