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{
"id": 688599,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/688599/?format=api",
"text_counter": 140,
"type": "speech",
"speaker_name": "Hon. Deputy Speaker",
"speaker_title": "",
"speaker": null,
"content": "“Freedom of association 36. (1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind. (2) A person shall not be compelled to join an association of any kind.” Hon. Members, an amendment is moved upon the original Motion to modify the question in such a way as to increase its acceptability, build consensus or to present to the House a different proposition as an alternative to the original question. It is on this basis that I admitted the amendment by the Member for Kisumu West following consultations with the Mover and the seconder of the Motion, who were Members of the Select Committee. That therefore settles the first question. Hon. Members, the main question at hand, therefore, was whether the Motion for adoption had been procedurally amended as proposed by the Member for Kisumu West, the Hon. Aluoch. In addressing the question, the Leader of the Majority Party, the Hon. Aden Duale, made reference to the Speaker’s earlier direction that no amendments were to be moved by any Member to the Motion except the party leadership, that is, the Majority and Minority Leaders. The relevant Standing Orders therefore apply, and in this case, Standing Order No. 54 and 55. Standing Order 54 relates to amendments to Motions. Paragraph (1) of the Standing Order states: “(1) Unless otherwise provided in these Standing Orders, any amendment to a Motion which a Member wishes to propose in accordance with these Standing Orders may be moved and, if necessary seconded at any time after the question upon the Motion has been proposed and before it has been put.” Further, Standing Order 55, relating to amendments to be in writing states:- “(1) The proposer of an amendment to a Motion shall, before moving it, hand the proposed amendments in writing, signed by the proposer, to the Clerk at least two hours before the order is read. (2) Despite paragraph (1), the Speaker may, in exceptional circumstances, allow a Member to move an amendment to a Motion before the Assembly at any time during consideration of that Motion.” From the foregoing, having addressed the question as to whether the right procedure was applied to admit the amendment by the Member for Kisumu West, allow me to address the next concerns. Should we admit more amendments? On this question, I will be guided by the decision of the Speaker of 5th July, 2016 when the Motion to form the Select Committee was under consideration. On that day, the Speaker directed as follows and I wish to quote him:- “I will overrule all of you and make this direction: That for the reasons given by the Member for South Mugirango, any amendments including those proposed by Hon. Ben Washiali will have to be agreed on by the two coalitions. That is the best way to carry this forward” Hon. Members, I will, therefore, uphold that particular decision on any further amendment to this Motion and require any Member seeking to move amendments to obtain prior written approval of either the Leader of the Majority Party or the Leader of the Minority Party, in person, meaning that the responsibility to do that is not to be delegated. Hon. Members, the next question is what does adopting---"
}