11 Nov 2020 in Senate:
Thank you, Madam Deputy Speaker. I rise to make a Statement pursuant to Standing Order No.51 of the Senate Standing Orders. The Committee on Justice, Legal Affairs and Human Rights is established pursuant to Standing Order No.218 (3) of the Senate Standing Orders. On 26th October, 2020, the Report of the Steering Committee on the implementation of the Building Bridges Initiative to a United Kenya Taskforce Report, popularly known as the BBI Report was launched. The highly anticipated Report proposed various Constitutional amendments, policy and legislative amendments that not only affect the Senate, but also devolution in general. The Committee, ...
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11 Nov 2020 in Senate:
The Committee held substantive deliberations and has made various observations on the proposed constitutional amendments as contained in the BBI Report, as is detailed in the Statement that I am presenting to the House. Additionally, the Committee has made proposals with a view to further achieve the objectives of the BBI Report, which is, to protect the interests of counties and the enhanced important role of the Senate as set out in this Statement. I want to make it very clear from the onset that it is the view of the Committee that Constitutional amendments should never divide a country, ...
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11 Nov 2020 in Senate:
It is on that basis that the Senate emphasizes that the views that are being proposed by the Senate should be given due consideration by the team that is drafting the final BBI Report before it is finally released to Kenyans for a referendum.
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11 Nov 2020 in Senate:
Madam Deputy Speaker, with your permission, I will very quickly touch on the various articles that the Committee was able to consider. We started by looking at the proposed amendments to Articles 90 and 97 of the Constitution. On these Articles, the Committee made note of the fact that the modalities of identifying the multiple number of constituencies is not clear in the BBI Report. The Committee proposes that the drafters of the BBI Report and the Constitution (Amendment) Bill should provide clarity on this matter to avoid contention on the constituencies that will benefit from the multiple constituencies.
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11 Nov 2020 in Senate:
Further, this Committee noted that although the additional 70 seats are meant to serve the missing link on affirmative action, this has not been made clear in the proposed BBI amendments. The Committee noted that the party list does not provide an answer to this problem of affirmative action, in that though a party is obligated to nominate at least 130 members of the opposite gender, there is not guarantee that those that will be elected will attain the deficiency of the affirmative number given in our Constitution.
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11 Nov 2020 in Senate:
On population, we noted that in the USA the issue of population keeps shifting every ten years. For example, we noted that if people migrate from one State in America and the population of another State where they migrate to increases, then after 10 years the constituencies in that state increase.
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11 Nov 2020 in Senate:
We take note of the State of New York which experienced a decline in population and lost the number of representatives in Congress, but the representatives in the State of California has grown over time because of increment in population. It is the recommendation of the Committee that this issue of population and constituencies needs clarity in the BBI Report.
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11 Nov 2020 in Senate:
Madam Deputy Speaker, on the role played by the Senate, this Committee noted that though the body of the Committee has singled out the reasons and objectives of the constitutional amendment has harmonization of the roles that are played by the National Assembly and the Senate, in the Report, there has not been clarity on the roles played by the Senate and the National Assembly.
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11 Nov 2020 in Senate:
The Committee, therefore, recommends that Article 96 of the Constitution should be amended so that we give the Senate full mandate on dealing with all legislations, save for Money Bills that should originate from the National Assembly, but still be considered by the Senate.
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11 Nov 2020 in Senate:
We have borrowed examples that happened in many jurisdictions, where we have bicameral parliaments. We were able to look at jurisdictions such as Australia. The emphasis in Australia is that since both members of the Senate and the House of representatives are directly elected by the people, as is the case in Kenya, legislative mandate between the House of Representatives, in our case, the National Assembly and the Senate, should be shared. That can be distinguished with jurisdictions such as United Kingdom, where Members of the House of Lords do not enjoy direct mandate from the people through an election. ...
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