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{
    "id": 995256,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/995256/?format=api",
    "text_counter": 47,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "The Constitution clearly outlines the procedure applicable to Bills that are processed by both Houses, such as the County Governments (Amendment) Bill, No.11 of 2017. The Article provides, and I quote: “(1) If a Bill is referred to a Mediation Committee under Article 112, the Speakers of both Houses shall appoint a Mediation Committee consisting of equal numbers of Members of each House to attempt to develop a version of the Bill that both Houses will pass; (2) If the Mediation Committee agrees on a version of the Bill, each House shall vote to approve or reject that version of the Bill; (3) If both Houses approve the version of the Bill proposed by the Mediation Committee, the Speaker of the National Assembly shall refer the Bill to the President within seven days for assent; and, (4) If the Mediation Committee fails to agree on a version of the Bill within thirty days, or if a version proposed by the Committee is rejected by either House, the Bill is defeated.” May I remind the House, on the part of the legislative journey of these two Bills, thus far, the County Governments (Amendment) (No. 2) Bill, 2017 (Senate Bill No.7 of 2017), seeks to amend the County Governments Act (No.17 of 2012) to provide for the completeness of the procedure for the disposal of a report of a commission of inquiry, established under Article 192(2) of the Constitution regarding suspension of a County Government. On the other hand, the County Governments (Amendment) Bill, 2017 (Senate Bill No.11 of 2017), seeks to amend the County Governments Act to clarify on commencement and sitting of a County Assembly; seeks to put in place a legal framework for the establishment of the office of a deputy speaker of a county assembly; to clarify on the procedure for removal of a speaker of a county assembly; to clarify on the recall of a member of a county assembly; to put clarity on the powers of a governor to appoint and dismiss a member of the county executive committee; to put in place a mechanism for the assumption of office of governor by the deputy governor and the appointment of a new deputy governor, amongst other provisions. Upon its passage by the Senate, the County Governments (Amendment) Bill, 2017 (Senate Bill No.11 of 2017) was considered by this House and passed with amendments on 6th March, 2019. Similarly, the County Governments (Amendment) (No.2) Bill, 2017 (Senate Bill No.7 of 2017) was considered by this House and passed with amendments on 19th March, 2019. The Senate rejected amendments passed by the National Assembly to both Bills and precipitated the mediation process contemplated under Article 113 of the Constitution. It is the mediated versions of the two Bills, as proposed by the two Mediation Committees that were subsequently formed that are presently before this House for approval. This begs the question: What then is required of this House? It is my view that, what is required of this House by Article 113 of the Constitution is only the approval or otherwise of the mediated version of the two Bills. As such, in applying Standing Order 47(3)(b), only questions on the constitutionality or legality of an action relating to the mediation process preceding it or the comparison of the version of the Bill before the Houses may be raised. The points raised by the Leader of the Majority Party do not question the process in which the Mediation Committee on the Bills was established or the manner in which or time within which the Committee arrived at its mediated version of the Bill, or the comparison of the version of the Bills presented to either Houses. 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."
}