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"id": 702630,
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"speaker_name": "Hon. Speaker",
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"content": "Hon. Members, even as we debate this Bill, it is important to always remain alive to the provisions of Chapter 18, Article 261, on Transitional and Consequential Legislation and more particularly Clauses 5, 6, 7, 8 and 9, which provide that:- “(5) If Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the matter. (6) The High Court in determining a petition under clause (5) may — (a) make a declaratory order on the matter; and (b) transmit an order directing Parliament and the Attorney-General to take steps to ensure that the required legislation is enacted, within the period specified in the order, and to report the progress to the Chief Justice. (7) If Parliament fails to enact legislation in accordance with an order under clause (6)( b ), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament. (8) If Parliament has been dissolved under clause (7), the new Parliament shall enact the required legislation within the periods specified in the Fifth Schedule beginning with the date of commencement of the term of the new Parliament.” What that means is that if this comes in the new Parliament and an order is directed to the new Parliament, then the period specified in the Fifth Schedule is five years. That is the long and short of it. Even as we discuss this, it is good to know that there is no crisis. However, it is fair, like many of you have said, to come up with legislation that is able to address these issues with finality if it is possible. It is within your power and mandate to do so. Nobody is smiling on this side. The Member for Kibra is obviously smiling."
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