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"id": 686962,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/686962/?format=api",
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"type": "speech",
"speaker_name": "Hon. Deputy Speaker",
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"content": "Secondly, even though it not expressly indicated in the Order Paper, this particular Special Motion is also deemed to be a party-sponsored Motion having been jointly sponsored by the majority and the minority parties in this House. Indeed, the signatures of both the Leader of the Majority Party and the Leader of the Minority Party are appended to the Report. This should be a stark reminder to all of us of the agonizing, consensual and consultative journey that has culminated into the Report that is before us this afternoon. This also explains why this particular Motion is taking precedence over other Motions for adoption of Reports. In addition, a Motion is framed in a manner that, if agreed to, will express the judgment or will of the House. Thirdly, Hon. Members, you will agree with me that almost every resolution of the House requires implementation. Invariably, the implementing agencies for most House resolutions are offices outside Parliament. However, the implementing agency for most of the recommendations contained in the Report before us today is Parliament. That is not only a rare occurrence but also an opportunity for all of us to display selfless leadership. May I remind us that the implementation of this Report will be majorly actualised, not by necessarily passing the Special Motion, but by considering the two pieces of legislation annexed to the Report. In other words, while this Report accords the House an opportunity to discuss generally matters relating to IEBC and the conduct of the next general elections, the opportunity to make binding decisions and actualize those decisions is reserved in the passage of the two draft Bills. I put emphasis in the words “binding decisions”. Indeed, except as expressly provided for in the Constitution or an Act of Parliament, decisions of the House can only have legal effect in the form of an Act of Parliament. It is only by legislating that the House could give its sufficient authority to its wishes. Hon. Members, allow me now to re-visit the questions raised yesterday. You will recall that during the debate, several Members, including the Member for Budalangi, Hon. Ababu Namwamba, Nominated Member Hon. Sara Korere and the Member for Kisumu West, Hon. Olago Aluoch, spoke on recommendations contained in the Report. The Member for Budalangi spoke at length on the admissibility of Notices of Motion as provided for by Standing Order No. 47. Notably, it was observed that the Speaker has the leeway of directing the re-drafting of Notices of Motion if in the opinion of the Speaker, the Notice is inadmissible. For avoidance of doubt, Standing Order No. 47(3) states, and I quote:- “(3) If the Speaker is of the opinion that any proposed Motion:- a) is one which infringes, or the debate on which is likely to infringe, any of these Standing Orders; b) is contrary to the Constitution or an Act of Parliament, without expressly proposing appropriate amendment to the Constitution or the Act of Parliament; the Speaker may direct either that, the Motion is inadmissible, or that notice of it cannot be given without such alteration as the Speaker may approve or that the Motion be referred to the relevant committee of the Assembly, pursuant to article 114(2) of the Constitution.” Further, the Member for Budalangi and, indeed, several other Members postulated that some recommendations in the Report may be offensive to the general rule of law and, ultimately, the Constitution. Specifically, the recommendation barring candidates seeking political offices from changing parties was observed to be against the Bill of Rights as enshrined in the Constitution. The agreement with the report would, therefore, be an attempt to right an obvious wrong. For clarity, Article 36(1) and (2) of the Constitution state:- 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."
}