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"speaker_name": "Sen. Cherargei",
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"legal_name": "Cherarkey K Samson",
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"content": "Madam Temporary Speaker, there is no need for Clause 3(g). However, it will help to curb the habit of many agencies, for example, Government agencies, which do not care to open some of these Petitions that we present. Therefore, we should relook at this part and try to merge it with Clause 3(h) which is important. You are a legal mind of long standing and part 3(h) is critical and important. If you say that we indicate efforts, you may need a letter and may be a particular agency or body has not responded. You might also need evidence to show that they have not responded in case they say that they have responded but you did not get the letter. Therefore, you need to restructure that aspect. Clause 4 (3) states that:- “The Clerk shall, within seven days from the date of receipt of the petition, review the petition to ascertain whether the petition meets the requirement specified under Section 3”. The issue is whether the Clerk of the county assembly is beyond suspicion like Caesar’s wife. We are now giving them the power to determine the Petition. This is the question we were arguing in the Impeachment Procedure Bill, 2018. Why are we giving all powers to the clerk to determine whether a Petition meets the specified requirements? It is like a butchery where they measure the weight of meat vis a vis what is being balanced. I am looking at the politics of the Bill. The Speaker, the Clerk and part of the MCAs Leadership Committee can conspire. If it is a Petition against the county government and the governor does not want it to be heard, it is easy for the Clerk to say that the Petition does not meet the minimum threshold. I know that the issue of threshold has been sorted out. However, we need to relook at these powers. Clause 4 (4) states that:- “Where the Clerk considers a petition does not comply with Section 3, the Clerk may give such directions as are necessary to ensure that the petition is amended to comply with that section”."
}