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{
    "id": 646470,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/646470/?format=api",
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    "speaker": null,
    "content": "This is another occasion to celebrate the results and fruits of mediation. As I said yesterday when discussing another Motion of this nature, a culture of mediation is encouraged whenever the two Houses of Parliament have divergent views. The framers of the Constitution expected that there would be differences of opinion in terms of our legislative opinions between the two Houses. Mr. Deputy Speaker, Sir, the Climate Change Bill (National Assembly Bill No.1 of 2014) which has been before us for a while, and which we are now discussing is a very important Bill. We hoped that it would be ready by November when COP 21 was taking place. It was not. As a country, we might have missed on that deadline but I am gratified to see that the Mediation Committee has thrashed out the differences and now we have a final report which this House is requested to approve. There are two clauses that were mediated. The issues are straightforward. The first one was Clause 7. There were some differences and proposals put forward. I cannot find the agreed version of Clause 7 but I know it is on the composition of the Climate Change Council. Mr. Deputy Speaker, Sir, let me start with Clause 32. It is on punishment and offences. The mediated version read that, “a person who without unlawful excuse ignores or fails to obey the instruction issued by any member of the Council, officer or agent of the Council in exercise of the powers or the performance of the functions of the Council under this Act, or willfully obstructs any member of the Council or misrepresents, knowingly submits false misleading information et cetera, commits an offence and is liable on conviction to a fine not exceeding Kshs10 million.” The Mediation there was about “not exceeding Kshs10 million” to place the upper limit on that punishment. The other one which was mediated is on Clause 7. A paragraph 2(g) was introduced including a representative of a civil society in the membership of the Climate Change Council. Finally, other than that, on Clause 32, the Committee resolved that the fine be capped at Kshs10 million. The words “fine not exceeding” now appear at the end of the sub-clause and substituting, thereof with the word “ten”. So, there are too many changes. First, is on the composition of the Council. Secondly, is on the punishment which is now capped at Kshs10 million. However, the Committee was in agreement. Once more, I take this opportunity to thank the Members of both Houses who sat in the Mediation Committee, for instance, Sen. Wangari, hon. (Dr.) Otichilo and other hon. Members, for leading us to this mediated version. Mr. Deputy Speaker, Sir, without much ado, I beg to move and request Sen. (Dr.) Khalwale to second."
}