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"speaker_name": "Hon. Baiya",
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"legal_name": "Peter Njoroge Baiya",
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"content": "Thank you, Hon. Temporary Deputy Speaker for also giving me the opportunity to contribute to this Bill. At the outset, I want to thank Hon. Nyokabi for taking the initiative to make this Bill see the light of day in the National Assembly. It is one of the key Bills intended to help in the implementation of the Constitution under Article 35, as has been properly stated. The only difference is that it is not among those Bills that are expressly included in Schedule V of the Constitution. But there is no doubt that even under Schedule V the very last requirement is for any other Bill required to implement this Constitution which, therefore, includes Bills required to be brought under Article 35. There has not been any doubt in the mind of our Committee, that is, the Committee in charge of the implementation of the constitution (CIOC). We have had occasion to summon the respective Cabinet Secretaries (CS) under those dockets to come and tell us why they have not been able to come up with Bills under Article 35, that is, Access to Information Bill and under Article 31, the Data Protection Bill. In this regard, I have also seen what the Departmental Committee in charge of Energy, Communication and Information has actually recorded in the Report they have filed before the House, and what their communication with the CS was. Just to highlight, the relevant CS says that the Government has formulated the Access to Information and Data Protection Bill and it has been subjected to immense public participation. The CS submitted that it is awaiting Cabinet approval and it is anticipated shortly. Further, he said before the Committee - which is not in the Report that, as is the procedure, the ideal position is where registration is preceded by a policy formulation before the actual Bill is done. Therefore, if the House proceeds with the current Bill as it is without the benefit of a comprehensive policy formulation, the Bill may not achieve the very best of results. Therefore, the Ministry recommends that it will be ideal for the Private Member’s Bill - which is now the Bill by Hon. Nyokabi - to be withdrawn in favour of the Government Bills once they are approved."
}