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{
    "id": 6744,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/6744/?format=api",
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    "speaker_name": "",
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    "content": "Hon. Members, I wish to make the following Communication on further directions with respect to the admissibility of the Constitution of Kenya (Amendment) Bill No.51 of 2011 for First Reading. Hon. Members, after I delivered the ruling on the matter of the admissibility of the Constitution of Kenya (Amendment) Bill, Bill No.51 of 2011, a number of hon. Members sought further directions on the communication. As I indicated, it is not the practice here and, indeed, in other jurisdictions that the Speaker’s ruling is followed by comments or requests for further directions. However, the Speaker, out of respect for the Members of this House and in recognition of the importance of the matter at hand considered it necessary to make an exception and to depart from normal standard practice in order to accommodate the demands of the situation. Matters as canvassed variously called for further directions relating to the applicability of comparative practice, including reference to authorities such as Erskine May on Parliamentary Practice, the application and significance of Article 256(1)(b); the application of Articles 20 and 35(3) of the Constitution in relation to public participation and the desirability of a multiple subject constitutional amendment Bill. Hon. Members, I have agonizingly reflected on each of these requests and I am able to observe as follows:- (a) Comparative experience from other jurisdictions is valuable and persuasive, but not binding. The relevance of precedence from some countries to Kenya is most useful where quite obviously, and this was alluded to by some hon. Members, the circumstances surrounding the decision or practice were similar to those that we are having to deal with in Kenya in the instant case. But again, any such practice can only be persuasive."
}