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"type": "speech",
"speaker_name": "Tharaka, JP",
"speaker_title": "Hon. George Gitonga",
"speaker": {
"id": 13491,
"legal_name": "George Gitonga Murugara",
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"content": "nature of the Bill that we intend to change so that we give the committee discretion as to whether the petitioner is to be invited to make a submission or not. As it happens in this House, not all petitions that are brought here have to be considered when the petitioner is present. Sometimes, petitions are straightforward matters. In some instances, they are outrightly frivolous, vexatious and are dismissed. The discretion that we have here is a discretion we are taking to the county assemblies. We have an amendment to clause 5(4). It is after observing that the provision in the Bill as passed by the Senate allows county assemblies to debate committee reports on a petition and approve, vary or reject the findings and recommendations of the committee. This is in stark contrast with the current procedure of consideration of petitions in the National Assembly, where a debate on a committee’s report can only be done in exceptional circumstances as may be allowed by the Speaker under Standing Order 227(2). The Committee observed that matters of debate should be restricted to Motions, Bills and other matters where decisions of the House are binding as per the established parliamentary practice in democratic societies. Under the Bill, they are saying that every report, be it a rejection, an amendment, a variation or any other recommendation, must come to the House and be debated upon. The standard practice even in this House - from which they have borrowed this Bill - is that it is only what the Speaker allows for debate that comes here. Otherwise, you have to debate Motions, Bills and other matters. To save the county assemblies’ time, let them debate what the Speaker rules to be necessary for debate. Clause 5(5) is a consequential amendment after effecting amendment to clause 5(4), which empowers the relevant committee of the county assembly to make a final decision in a petition – which is what we do. Once a committee of this House makes a decision, its report is tabled and the Speaker rules whether it is to be debated or not. That decision is most times final. We want to export this practice to the county assemblies, where a committee sits, considers a petition and the decision thereon is final. Those are the proposed amendments to Clause 5."
}