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{
    "id": 842665,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/842665/?format=api",
    "text_counter": 26,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Make your way in. You can register your presence later. Members making your way in like Hon. Wanga, do so quickly. I have just allowed you time to come in. Those like the Member for Gatundu, who are shaking hands, you can do it later. Hon. Members, I will proceed. In that particular Communication, I did interrogate at length the issues raised by Hon. Oluoch with regard to the participation of the President in law- making as allowed by Article 115 of the Constitution. In answer to the first issue raised by Hon. Oluoch, Members will note that the two-thirds voting threshold only becomes applicable to the House if it intends to negate or amend the proposed text in respect of the reservations made on the Finance Bill, in a manner that does not fully accommodate the President’s reservations. It is not a requirement that affects the quorum of the House at the commencement or consideration of the reservations. In terms of the procedure to be adopted in considering the reservations, the procedures of the House are quite clear. As Members are aware, all questions for decision in the House are put in the positive. That is to say, with regard to the President’s reservation, the Question to be put in the Committee of the whole House will, for example, be as follows and I quote: “THAT Clause “x” of the Bill be amended as proposed in the reservations by His Excellency the President.” At that point, the provisions of Article 122(1) of the Constitution requiring a simple majority of Members on a vote shall apply. I put emphasis on the words “simple majority”. In terms of procedure, this is exercised by way of collection of voices of “Ayes” and “Nays” as provided for in Standing Order No. 69 regarding voting in the House. The Chairperson of the Committee of the whole House will thereupon announce the result of the voice vote. It is expected that any Member intending to reject, that is, to totally oppose, the proposed text of the reservation or a Member intending to amend the Clause in a manner that does not fully accommodate the President’s reservations, would rise and cause a Division as contemplated by Standing Order No. 72(1) (b) as read together with Standing Order No. 72(1)(b) on electronic voting. If 30 or more Members rise to claim a Division, the Chairperson shall forthwith order that the Division Bell be rung as usual. If after 10 minutes or such further period as the Chair may direct, there are 233 Members in the House, being two-thirds of all Members of the National Assembly, the House shall proceed to an electronic vote in order to vote and confirm the claim to negate the recommended text of the reservations or amend the clause in question in a manner that does not fully accommodate the President’s reservations. Where there are less than 233 Members in the House despite the ringing of the Division Bell, the Members claiming a Division will have failed to garner the numbers required under Article 115(4)(a) of the Constitution and, therefore, uphold the earlier decision made by way of a voice vote. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}