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"id": 841,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/841/?format=api",
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"speaker_name": "Mr. Affey",
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"speaker": {
"id": 381,
"legal_name": "Mohammed Abdi Affey",
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"content": "Mr. Temporary Deputy Speaker, Sir, I want to invite you to give an interpretation of how we can discuss a matter that is clearly, in the view of this House, lawyers, the Attorney-General and Kenyans, illegal. It is a law that found its way by default into the laws of this country. Therefore, I want to urge you to rule before the constitutionality of this matter can be discussed in the first place."
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"id": 842,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/842/?format=api",
"text_counter": 347,
"type": "speech",
"speaker_name": "Dr. Nuh",
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"speaker": {
"id": 114,
"legal_name": "Nuh Nassir Abdi",
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"content": "On a point of order, Mr. Temporary Deputy Speaker, Sir. Mr. Affey has quoted the Constitution extensively and I want to draw your attention to Standing Order No.55, which talks about amendments to be relevant to Motions. In this case, it also applies to Bills. Standing Order No.55(2) says:-"
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{
"id": 843,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/843/?format=api",
"text_counter": 348,
"type": "speech",
"speaker_name": "Dr. Nuh",
"speaker_title": "",
"speaker": {
"id": 114,
"legal_name": "Nuh Nassir Abdi",
"slug": "nuh-abdi"
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"content": "“No amendment shall be permitted if, in the opinion of the Speaker, it represents a direct negative of the Question Proposed.”"
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{
"id": 844,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/844/?format=api",
"text_counter": 349,
"type": "speech",
"speaker_name": "Dr. Nuh",
"speaker_title": "",
"speaker": {
"id": 114,
"legal_name": "Nuh Nassir Abdi",
"slug": "nuh-abdi"
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"content": "Mr. Temporary Deputy Speaker, Sir, when we passed this Bill, we had proposed a total repeal of this law. The present amendment here states the contrary. The Act that we are asking for its repeal should still be entrenched in the Constitution albeit being said that it has been amended. In my opinion - and I also request for your concurrence in this - it is a complete negative of what we had proposed and passed as a House - that this law be repealed. In that line, I would ask for your guidance on whether this Motion is before this House procedurally."
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"id": 845,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/845/?format=api",
"text_counter": 350,
"type": "speech",
"speaker_name": "Mr. Mungatana",
"speaker_title": "",
"speaker": {
"id": 185,
"legal_name": "Danson Buya Mungatana",
"slug": "danson-mungatana"
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"content": "On a point of order, Mr. Temporary Deputy Speaker, Sir. I am also rising on a point of order on the same matter. I was inviting your ruling to find that it is not available to the President at this point for him to propose amendment to the law because he is guilty of laxious. I am looking at the Sixth Schedule to the Kenya Constitution and Section 3 talks about the extension of applications of provisions of the former Constitution. The provisions that relate to the making of legislation, the Memorandum that the President can make to return a piece of legislation back to Parliament are all saved so that the former Constitution is still applicable. I have a copy of the former Constitution and, therefore, which is the relevant law. Section 46 of the old Constitution, which the Attorney-General is very well familiar with, in sub-section 4, it says:-"
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{
"id": 846,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/846/?format=api",
"text_counter": 351,
"type": "speech",
"speaker_name": "Mr. Mungatana",
"speaker_title": "",
"speaker": {
"id": 185,
"legal_name": "Danson Buya Mungatana",
"slug": "danson-mungatana"
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"content": "“Where the President refuses to assent to a Bill, he shall (therefore it is mandatory) within 14 days of the refusal, submit a memorandum to the Speaker indicating the specific provisions of the Bill which, in his opinion, should be reconsidered by the National Assembly, including his recommendations for amendments.”"
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"id": 847,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/847/?format=api",
"text_counter": 352,
"type": "speech",
"speaker_name": "Mr. Mungatana",
"speaker_title": "",
"speaker": {
"id": 185,
"legal_name": "Danson Buya Mungatana",
"slug": "danson-mungatana"
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"content": "Mr. Temporary Deputy Speaker, Sir, it is, therefore, only available to the President in mandatory terms for him to bring any amendment to law that has been passed in this House; that he makes those suggestions within a period of 14 days, that is, two weeks. Since the time this law was taken to the President for purposes of assent, it has spent well over eight months. It is obvious, therefore, in terms of constitutional application, that the Attorney-General cannot be heard to present this law before the House with a purported amendment. For that very simple reason, I would urge the Speaker to order that the Government, or the Attorney-General, advises the Office of the President that there is no other way; the opportunity for them to have amended this law is lost."
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"id": 848,
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"text_counter": 353,
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"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Applause)"
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"id": 849,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/849/?format=api",
"text_counter": 354,
"type": "speech",
"speaker_name": "Mr. Mungatana",
"speaker_title": "",
"speaker": {
"id": 185,
"legal_name": "Danson Buya Mungatana",
"slug": "danson-mungatana"
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"content": "For him to try and bring any amendment--- What is available to him is for him to bring a constitutional amendment to allow him power to amend a law after eight months of its submission to him. Obviously, he cannot muster the required majority in this House. This Parliament has said that we want that law repealed for obvious reasons stated by the honorable Affey."
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"id": 850,
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"text_counter": 355,
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"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Applause)"
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