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{
    "id": 995255,
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    "content": "urged by some Members of this House that the point raised by the Leader of the Majority Party ran afoul of this Standing Order by calling into question proceedings that transpired in the Senate. As you may recall, from the Order Paper of that particular day, the Motion on one of the Bills which elicited the issues referred for my consideration read as follows: “THAT, pursuant to the provisions of Article 113(2) of the Constitution and Standing Order 150, this House adopts the Report of the Mediation Committee on the County Governments (Amendment) Bill (Senate Bill No.11 of 2017) laid on the Table of the House on Wednesday, April 22, 2020, and approves the Mediated Version of the County Governments (Amendment) Bill (Senate Bill No.11 of 2017). I put emphasis to the phrase “and approves the mediated version”. At face value, Hon. Members, the Motion appears quite straightforward. However, when considered together with the point raised by the Leader of the Majority Party, it calls for the guidance of the Speaker on whether Standing Order No.87(5) insulates any business arrived at through a mediation process or transmitted from the Senate from question or scrutiny on the basis of its constitutionality. Standing Order No.47(3)(b) obligates the Speaker to exclude a Motion from being debated or to direct an appropriate amendment of the Motion where the Speaker finds that the Motion offends the Constitution or an Act of Parliament. For avoidance of doubt and for clarity, it states as follows, and I quote: “(3) If the Speaker is of the opinion that any proposed Motion - (b) is contrary to the Constitution or an Act of Parliament, without expressly proposing appropriate amendment to the Constitution or the Act of Parliament; (c) is too long; the Speaker may direct either that, the Motion is inadmissible, or that notice of it cannot be given without such alteration as the Speaker may approve or that the Motion be referred to the relevant committee of the Assembly, pursuant to Article 114(2) of the Constitution.” Hon. Members, as I have previously upheld, Standing Order 47(3)(b) is an extension of the requirement placed on the Speaker under Article 3 and Article 10 of the Constitution to respect, uphold and defend the Constitution. Before any business is brought before the House, it is approved by the Speaker on the basis of its constitutionality - on the face of it - among other considerations outlined either in statute or in the Standing Orders. I have also previously guided this House that a question or claim of unconstitutionality of a matter before the House may be raised by a Member at any stage, before and during or immediately after consideration of business by the House despite its initial approval. I am, therefore, of the considered opinion that Standing Order 47(3)(b) requires the Speaker to address any constitutional issues raised with regard to any business relating to the Senate which requires consideration by this House. Indeed, it would be irresponsible to expect the Speaker to simply fold his or her arms where his or her attention has been drawn to a matter before the House, whose consideration may lead to an unconstitutional or an absurd result, if it is proceeded with in an unguided manner. That said, interrogation of the concern raised has to be circumspect. It has to be limited to any constitutional issues raised or provisions of the Constitution relating to the business affected. Additionally, any interrogation of the concern raised has to be faithful to the spirit of Standing Order 87(5) and refrain from impeaching the proceedings of another House of Parliament or the decision of the Speaker of the other House. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}