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{
    "id": 601140,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/601140/?format=api",
    "text_counter": 415,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Anyang'-Nyong'o",
    "speaker_title": "",
    "speaker": {
        "id": 193,
        "legal_name": "Peter Anyang' Nyong'o",
        "slug": "peter-nyongo"
    },
    "content": "Mr. Temporary Speaker, Sir, I appreciate the points raised by the Senate Deputy Majority Leader. Being conscious of time is good, but this is a very weighty issue which involves a very important aspect of the Constitution as captured in Article 115. If we got that article correct, even in the order of the day, we would put the wording correctly by saying “President’s Recommendation” is constitutionally wrong. We should say “Presidential Reservations.” That is what should be there to be in line with the present Constitution. That is one of the reasons we should look at what we are doing now in context of the previous Parliament which was under an old Constitution. I am glad Sen. Orengo made that clear; that comparison should take into account that we are operating under a different constitutional order that we seem to have carried on the practices of it into the present dispensation, which is wrong. Secondly, even if these were to be recommendations, they should have been handled by the majority leaders in the National Assembly and the Senate. They are the legislative arm of the current Government in Parliament. The President, as Sen. Orengo said, is not here and the only people who can speak for him, for legislative purposes, are the Majority Leader here and in the National Assembly. Therefore, if you really read strictly constitutionally, what the President is now trying to do is usurp the role of his majority leaders in both Houses who should be making these amendments to the Bill. Then, if he has reservations, they should not come in terms of framing the law, but in terms of why do I have reservations about this particular clause. He gives a reason. It is the reasons that the President gives that will then persuade either the National Assembly or the Senate to amend the Bill. However, the President cannot sit and frame the Bill which should have been done by his majority leaders in either House. Mr. Temporary Speaker, Sir, we are making these points not because we are going back to amend the ruling by the Speaker, but to make sure that when you look at what has gone on today, we will have a better procedure in this House and the President or the Majority Leader will understand what the role of the Legislature and the Executive is. They are quite distinct in the present Constitution."
}