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{
    "id": 857947,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/857947/?format=api",
    "text_counter": 481,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Zani",
    "speaker_title": "",
    "speaker": {
        "id": 13119,
        "legal_name": "Agnes Zani",
        "slug": "agnes-zani"
    },
    "content": "Thank you, Madam Temporary Speaker. I stand to support this important amendment to The Treaty Making and Ratification (Amendment) Bill (Senate Bills No.23 of 2018). The original Bill that is being amended is the Treaty Making and Ratification Act No.45 of 2012. From the outset, treaty making and ratification is very important. We exist in an international community and normally have international laws come to the country from organisations such as State International Development Organization (SIDO), the United Nations (UN) and many others. The Constitution that was promulgated in 2010 is very clear and has various provisions for ratifying these treaties within our context. In fact, Article 2(6) of the Constitution gives effect for Parliament to enact this ratification. It says ‗Parliament‘ and not ‗the National Assembly‘ or ‗the Senate,‘ which means that it alludes to both the National Assembly and the Senate. Multilateral or bilateral treaties are important because they address important issues. They might address security issues in Kenya, sovereignty, independence of the country, the rights and duties of Kenyans, relationship between Kenya and any other international organization or environment and natural resources. We are cognizant of the fact that the Senate should address matters touching on counties. Clearly, almost all of these issues happen within a county context, where the Senate is fully contextualized to make its specific contribution. Consideration of treaties is done in the National Assembly at various levels, such as the Committee level and the public participation level. Through that process, the Members of the National Assembly have provision to the process and the reservations; in terms of either agreeing with the reservations or not agreeing with them. That means that they may either approve or disapprove the reservations. Section 15 of the original Act says that in terms of public awareness, once every financial year, a report concerning all matters of these treaties is raised in the National Assembly. Madam Temporary Speaker, this brings me to the concern that Sen. Dullo is addressing. Matters on treaties should touch on both Houses, that is, the National Assembly and the Senate. In her amendments, especially to Section 8, she indicates that:- ―Where the Cabinet approves the ratification of a treaty, the Cabinet Secretary shall submit the treaty and a memorandum on the treaty to the Speakers of Parliament for approval by the Parliament.‖ This is key. It is through this process that we hope that the provision of Article 1(3) of the Constitution can be operational. However, the decision will be made by the Speakers, The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}