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{
    "id": 705980,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/705980/?format=api",
    "text_counter": 277,
    "type": "speech",
    "speaker_name": "November, 15 2016 SENATE DEBATES 26 Sen. Haji",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Temporary Speaker, Sir, thank you. I stand corrected. I beg to move that The Treaty Making and Ratification Act No. 45 of 2012 be read a Second Time. As I said earlier, the Constitution of Kenya Article 2(6) states that:- “Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.” Pursuant to Article 94(1) of the constitution:- The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.” Further, Article 94(5) states:- “No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.” Mr. Temporary, Speaker, Sir, as we all know, Parliament consists of both the National Assembly and the Senate. Consequently, the function of considering and approving the ratification of treaties is a function that resides in both Houses of Parliament in exercise of their shared legislative authority under Article 94 of the Constitution. Mr. Speaker, Sir, the Constitution was very specific on treaty making. However, when the British Government and the Kenyan Government entered into a defence pact recently, it went to the National Assembly and without referring it to us. They deleted the power of the Senate. That is what we are trying to address because the Constitution is very specific that Parliament is made up of both Houses. Therefore, such treaties must be considered by both Houses. Therefore, the amendment is addressing the position that Parliament should have its role in treaty making. Therefore, we want that power table office be reinstated to us as it is with the National Assembly. I beg to move and request Sen. Murungi to second."
}