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{
    "id": 857948,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/857948/?format=api",
    "text_counter": 482,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Zani",
    "speaker_title": "",
    "speaker": {
        "id": 13119,
        "legal_name": "Agnes Zani",
        "slug": "agnes-zani"
    },
    "content": "whether or not it is a matter that touches on counties. Therefore, this particular amendment contextualizes that decision. Sen. Sakaja and Sen. Mutula Kilonzo Jnr. are in the process of coming up with a Bill to actualize this legislative process, which is important for us. The proposed new Section 8A (1) states that:- ―The process of approval of the treaty shall commence in the National Assembly‖. The proposed new Section 8A (2) states that:- ―The National Assembly shall consider a treaty within 14 days of its submission in the National Assembly and shall forward its resolution to the Senate for consideration‖. That is the key nexus of this particular amendment. It will not only be dealt with at the National Assembly level, but also forwarded to the Senate. The proposed new Section 8A (3) is an important provision because we know what has been happening in terms of the Bills between the National Assembly and the Senate. A provision is made in terms of timeliness. Therefore, at the expiry of 14 days, the Senate shall commence its consideration of the treaty and forward its resolutions to the National Assembly. This is a very important mechanism so that we do not have a lull, especially with the international treaties and timings that are made for their ratification. It will not be good in international limelight for us to be caught up in a debate of the National Assembly and the Senate, and a treaty is waiting. Therefore, this amendment ensures that the procedure can continue automatically. If the Bill is not passed to the Senate within 14 days, we can actually seize it, which is very critical. In the proposed new Section 8A (5), the Mover proposes that the treaty to be referred to a joint Committee, which is to do with mediation. As it happened in the 11th Parliament, many Bills ended up in mediation. Therefore, in case anything goes wrong, the two Houses can form a mediation Committee and come up with a version of the Bill that is accepted by both Houses. That mediation Committee usually consists of equal number of Members. Three Members from both Houses has been the tradition. Therefore, some agreement has to be made at that particular level. Therefore, it gives a provision, for example, where there is a disagreement between the National Assembly and the Senate. The proposed new Section 8A (6) states that:- ―Parliament shall not approve- (a) the ratification of a treaty or part of it if its provisions are contrary to the Constitution;‖ It should be part and parcel and integral to the Constitution. This is an important Bill. When it comes to the understanding of how international treaties are simulated and ratified within our context, sometimes there is a conflicting piece of information. This is because for some of the international treaties, we say that we are automatically signatories and make ourselves part and parcel of that process, but the sovereignty for doing that, when it comes to the legislative agenda, is done within Parliament and in the provision of Article 2(6) of the Constitution. 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."
}