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{
    "id": 914348,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/914348/?format=api",
    "text_counter": 15,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "under Article 115(1)(b) of the Constitution, His Excellency the President, by way of a Memorandum dated 18th June 2019, has referred the said Bill back to the National Assembly for re-consideration. This Bill is proposing to make various amendments to 14 statutes relating to various sectors. In his Memorandum, the President has expressed reservations on the provisions relating to the Merchant Shipping Act, 2009 as passed by the House. In his reservations, he is agreeable with the principle of the Committee and the House regarding limiting the powers of the Cabinet Secretary and the specificity of the exemption. However, he has reservations with the limitation on whole ownership. He is of the view that this restriction will disadvantage the Kenya National Shipping Line, whose majority shareholding is held by the Government through the Kenya Ports Authority. His Excellency the President is concerned that the revival of the national shipping line will be greatly hampered and yet it is an opportunity to create employment lost, especially for youth near maritime resources. His Excellency the President is, therefore, proposing to delete the proposed new Subsection 16(1A) as passed by the House and to introduce a caveat that the provisions of Section 16(1) shall not apply to a shipping line owned or controlled by the Government of Kenya. He is of the view that this, in effect, will assist the Kenya National Shipping Line in collaborating with other partners, as is the international practice, to enhance its competitiveness in the regional and global shipping markets. The President, having exercised his powers under Article 115(1)(b) of the Constitution, now requests the National Assembly to reconsider the Bill against his reservations and the recommendations proposed, and amend the Bill in light of his reservations. Standing Order No.154 requires the National Assembly to consider the President’s reservations within 21 days. In this regard, the Memorandum of His Excellency the President now stands committed to the Departmental Committee on Transport, Public Works and Housing for consideration. The Committee should prioritise the matter and table its report by next week, Thursday, 27th June 2019 to enable the House conclude with the Bill in good time, ahead of the short July recess. I encourage any Member wishing to give their views and comments to appear before the Committee during the period of re-consideration of that specific provision. May I, at this point, remind the House of the Speaker’s Communication delivered on 28th July 2015, concerning the consideration of the President’s reservations to a Bill and amendments thereto. I particularly draw your attention to my guidance – that, the voting threshold for the passage of amendments proposed by a Committee or an individual Member that have the effect of fully accommodating the President’s reservations is a simple majority as contemplated under Article 122(1) as read together with Article 115(2)(a) of the Constitution. On the other hand, an amendment that does not fully accommodate the President’s reservations or, indeed, one that has the effect of total override of the President’s reservations, including negating his proposed text, would require a two-thirds voting threshold to be passed in keeping with the provisions of Article 115(4) of the Constitution. I wish to further reiterate that only the specific section of the Bill that has reservations will be considered by the House. I now direct the Clerk to circulate the Memorandum from His Excellency the President to all Members so that they can familiarise themselves with its contents. Next Order!"
}