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"id": 625360,
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"content": "of the TA by a period not exceeding three years to enable it conclude its work. The Petitioner also draws a parallel between the process of extending the term of the TA and that of the former Commission for the Implementation of the Constitution (CIC). Hon. Members, ordinarily, I would have straightaway referred this petition to the relevant Committee for consideration. However, owing to the exceptional circumstances under which the petition is presented, I wish to highlight a few issues relating to the prayers that are sought in the petition. As you may be aware, on Thursday 18th February, 2016, the CIOC tabled in this House a Report on Consideration of the Extension of the Transition Period and Term of the TA. Debate on the Report commenced last week and is scheduled to resume today as indicated under Order No.12 in today’s Supplementary Order Paper. Perhaps, it is worth noting that it is the Committee’s recommendation that the term of the TA should not be extended beyond 5th March 2016, as there lacks a legal avenue to do so. Rather, the Authority should be allowed to naturally wind up as contemplated under Section 15(1) of the Sixth Schedule to the Constitution as read together with Section 37 of the Transition to Devolved Government Act, 2012. Hon. Members, the contents and recommendations of the said Report have not only been extensively debated in this House, but have also been canvassed in the House Business Committee (HBC), which I chair. Without anticipating debate under Order No.12 in today’s Supplementary Order Paper, it is apparent that a section of this House may be desirous to extend the term of the TA. Others have divergent views. Be that as it may, let me remind the House that the term of the TA cannot be extended by way of an ordinary resolution of the House or by way of a Motion. It is for that reason that the Motion under Order No.12 is deliberately couched as “noting” as opposed to the usual manner of “adopting.” For avoidance of doubt, this is the kind of debate referred to as “debate without resolution” in a number of other parliamentary jurisdictions. The Motion is simply deliberative and intended to provide an opportunity to debate and notify, as opposed to debating and resolving. Hon. Members, a parallel has been drawn between the terms of Office of the TA and that of the former CIC, whose term came to an end in December 2015. First, the Constitution provides that the term of the CIC would simply have been extended by way of a resolution of the House. That would have been achieved by way of a Motion seeking to extend the term, without having to amend any law. On the other hand, it is apparent that an extension of the transition period and term of the TA, as spelt out in Section 15(1) of the Sixth Schedule to the Constitution and Section 37 of the Transition to Devolved Government Act, 2012, desirable as it may be, cannot be achieved by way of a resolution of this House on a Motion or even a report on a petition like the one sought by Mr. Onyango. On the contrary, it requires legislative action to probably amend Section 15(1) of the Sixth Schedule to the Constitution, the Transition to Devolved Government Act of 2012 and the Intergovernmental Relations Act of 2012. Certainly, I note that in their Report to the House, the CIOC had applied its mind to these questions and, indeed, observed that the dissolution of the TA does not occasion an absolute lacuna in so far as the discharge of its mandate is concerned. The Intergovernmental Relations Act of 2012 establishes the Intergovernmental Relations Technical Committee whose functions are spelt out in Section 12 of the Act. Paragraph (b) of Section 12 of the said Act provides that, among other functions, the Intergovernmental Relations Technical Committee shall take over the residual functions of the transition entity established under the law relating to transition to devolved government after dissolution of such entity. Obviously, the entity whose functions The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}