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{
    "id": 878557,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/878557/?format=api",
    "text_counter": 314,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Hon. Temporary Deputy Chairlady, I beg to move: THAT, the Schedule to the Bill be amended — (4) by inserting the following new amendments in the Schedule to the proposed amendments to the Counsellors and Psychologists Act, 2014, No.14 of 2014- s. 15 Delete s.16 Delete s.17 Delete s.18 Delete s.19 Delete s.20 Delete s.21 Delete s.22 Delete On Section 15, the Bill initially proposed deletion of Section 15 of the Counsellors and Psychologists Act which provided for the establishment of the Kenya Counsellors and Psychologists Society of Kenya. The rationale was that the society is a welfare organization that is independent of the Cabinet Secretary for Health. The society ought to have been established under the Societies Act. That is why, based on that, the President is recommending its deletion. It is on a wrong place. On Section 16, the Bill initially proposed the deletion of Section 16 of the Counsellors and Psychologists Act which provided for the membership of the society. The provision makes each person registered under this Act a member of the society. The membership of each person registered under this act is mandatory contrary to Article 36(2) of the Constitution which provides for voluntary membership in associations. That is the other reason the President is deleting this Section. It contravenes Article 36(2) of the Constitution. This is the same story of our legal officers. Hon. Nyikal, we have no business with the legal officers of the Ministry of Health. They do not prepare our amendments on the Order Paper. The people who prepare our amendments and the Order Paper are in the Legal Department and Legislative Department of this House. Therefore, we have no business with those legal officers. This is also about constitutional contradiction. The President is saying what we have passed is unconstitutional. It is for that reason that the President is recommending Section 16 to be deleted. Hon. Temporary Deputy Chairlady, the Bill initially proposed the deletion of Section 17 of the Counsellors and Psychologists Act. This is on election and qualification of the chairperson of the society in accordance with the Third Schedule. However, as a consequence of the proposal – the one we deleted in Section 15 – this matter is supposed to be under the Societies Act. So, the President recommends we delete it. Section 18 was dealing with the functions and the mandate of the society to establish standards of professional competence among others. This is a regulatory function which ought to be"
}