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{
    "id": 595570,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/595570/?format=api",
    "text_counter": 186,
    "type": "speech",
    "speaker_name": "Hon. Ethuro",
    "speaker_title": "The Speaker",
    "speaker": {
        "id": 158,
        "legal_name": "Ekwee David Ethuro",
        "slug": "ekwee-ethuro"
    },
    "content": " Hon. Senators, I also have another communication to make. On 1st October, 201, I issued a communication detailing the procedure to be followed on the disposal of the Presidential Memorandum on the Public Audit Bill, 2014, and the Public Procurement and Asset Disposal Bill, 2014. In the Communication, I noted that the Joint Committee had failed to agree on the President's reservations and consequently ruled that the two Memoranda be scheduled for consideration on the week starting 6th October, 2015. After my Communication, several Senators, including Sen. Hassan Omar Hassan, Sen. Moses Wetang’ula, Sen. James Orengo and Sen. (Dr.) Boni Khalwale, canvassed the matter and urged the Speaker to stay the consideration of the Memoranda to allow consideration of the following issues – 1. Whether the President, who is not a Member of Parliament (unlike in the repealed Constitution) can participate in law making, by exercising veto power? 2. Whether the reservations in the Presidential Memoranda can include introduction of new sections that were not contemplated in the Bill as passed in the first instance? 3. Whether the new clauses introduced in the Memorandum need to go through the usual legislative processes of First, Second and Third Readings. I undertook then to give further guidance on the matter before the Senate could consider the Presidential Memoranda. Hon. Senators, I have considered the issues raised and I wish to give the following guidance- i) On whether the President can participate in law making, I wish to state that Article 115 of the Constitution gives the President a legislative mandate of Assent and Referral of Bills. Thus the veto power is rightfully exercised by the President. This has always been the case even in the repealed Constitution. This answers to the matter raised making reference to the former Constitution in force immediately before the coming into force of the current Constitution. Section 46(4) of the repealed Constitution stated as follows- “Where the President refuses to assent to a Bill he shall, within fourteen days of the refusal, submit a memorandum to the Speaker indicating the specific provisions of the Bill which in his opinion should 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."
}