The National Assembly held Special Sittings yesterday.
During the Morning and Afternoon sessions, the following Communication was relayed by the Speaker of the National Assembly:
1. COMMUNICATION FROM THE CHAIR
The Speaker conveyed the following Convocation during the Special Sitting –
The Speaker welcomed Members to the Special Sittings of the House of on Wednesday, 1st September, 2021, which had been convened pursuant to the provision of Standing Order 29 relating to the procedure for convening of Special Sittings of the House during recess.
This was after he had received a request from the Leader of the Majority Party on 27th August, 2021 asking him to convene Special Sittings of the National Assembly to consider certain urgent business.
The Speaker further informed Honourable Members, that, having taken cognizance of the urgency of the business so specified in the request by the Leader of the Majority Party, he acceded to the request to convene Special Sittings on Wednesday, 1st September, 2021 commencing at 10.00 am for the Morning Sitting and at 2.30 pm in the case of the Afternoon Sitting.
Consequent and in keeping with the requirements of Standing Order 29, he Gazetted the said Special Sittings of the House vide Kenya Gazette Notice No. 9078 of 30th August, 2021. In that regard, the Sittings of the House were properly convened.
As was specified in the said Gazette, the purpose of the Sittings was as follows-
1. Tabling of the Report of the Departmental Committee on Justice and Legal Affairs on the Vetting of Nominees for appointment to the position of Member of the Independent Electoral and Boundaries Commission (IEBC) and notification of the attendant notice of motion;
2. Tabling of the Report of the Departmental Committee on Education and Research on the Vetting of the Nominees for appointment to the position of Member of the Teachers Service Commission (TSC) and notification of the attendant notice of motion;
3. Tabling of any other Papers with statutory timelines;
4. Conveyance of any urgent Messages from the National Executive and/or the Senate;
5. First Reading of the following five Bills –a) The Sustainable Waste Management Bill, (National Assembly Bill No. 22 of 2021);
b) The National Disaster Risk Management Bill, (National Assembly Bill No. 28 of 2021);
c) The Public Procurement and Asset Disposal (Amendment) Bill, (National Assembly Bill No. 32 of 2021);
d) The Universities (Amendment) Bill, (National Assembly Bill No. 35 of 2021); and
e) The Public Procurement and Asset Disposal (Amendment) (No.2) Bill, (National Assembly Bill No. 36 of 2021);
6. Voting on the Motion for Second Reading of the Central Bank of Kenya (Amendment) Bill, (National Assembly Bill No. 10 of 2021), whose debate was concluded on 11th of August, 2021;
7. Consideration of Special Motion on appointment of nominees to the position of Member of the Independent Electoral and Boundaries Commission (IEBC); and
8. Consideration of Special Motion on appointment of nominees to the position of Member of the Teachers Service Commission (TSC).
The Speaker finally reminded the House that today’s Sittings has come at a time when the country is experiencing an increase in the number of cases of COVID-19 Pandemic infections.
In that regard, honorable Members are urged to strictly adhere to the Ministry of Health’s protocols issued for the prevention and control of the Pandemic.
In particular, Hon. Members are advised to observe social distance while in the Chamber and in the other facilities, have face masks properly worn at all times, strictly sit only in the designated places in the Chamber and avoid changing seats or having close physical interactions.
2. MESSAGE FROM THE PRESIDENTThe Speaker conveyed a Message from the H.E. the President regarding referral of the Refugee Bill, 2019.
The Speaker reminded Members that the National Assembly passed the Refugee Bill (National Assembly Bill No. 62 of 2019).
The Bill was sponsored by the Leader of the Majority Party. Following its passage, the Bill was presented for Assent to H.E. the President in accordance with the provisions of the Constitution and our Standing Orders.
However, in exercise of the powers conferred under Article 115(1) (b) of the Constitution, H.E. the President, by way of a Memorandum dated 11th August, 2021, had referred the Bill back to the National Assembly for reconsideration.
In his Memorandum, H.E. the President had expressed reservations on following clauses of the Bill-1) Clause 2 of the Bill, which defines the term, “transit centre”.
H.E. the President recommends that the definition of “transit centre” be amended to also include a prison, immigration detention centre, police station, remand home or any other similar place that may be designated as a transit centre.
Amongst the reasons for his reservations, H.E. the President notes that the effect of the omission of the proposed definition is in conflict with section 4 and 12(3)(g) of the Persons Deprived of Liberty Act of 2014 which provides that detention facilities may be used as holding centres for refugees and asylum seekers where there is need for humanitarian assistance.
2) Clause 8 of the Bill, which provides for the establishment and functions of the Commissioner for Refugee Affairs. H.E. the President observes that the proposal does not provide for the empowerment of the Commissioner for Refugee Affairs to promote, in as far as possible and where applicable, the procurement or purchase of local products and services in support of refugee intervention and support programmes.
This leaves room for importation of goods that would otherwise be locally available therefore failing to benefit the local economy.
3) Clause 18 of the Bill, which proposes that the Commissioner for Refugee Affairs may revoke the status of a refugee at any time after recognition as a refugee if the refugee has committed a war crime or a crime against humanity.
In his reservations, H. E. the President observes that the clause when read together with clause 17 of the Bill causes confusion as the revocation of refugee status is materially the same as the cancellation of refugee status.
4) Clause 28 of the Bill, which provides for Rights of and obligations of Refugees, does not take into account the Government’s policy in which refugees from Partner States of the East African Community can benefit from an alternative immigration status which may allow them to obtain work permits.
The new policy is intended to facilitate the full implementation of the 2010 East African Community Common Market Protocol and substantially reduce the refugee population in Kenya while simultaneously operating as a durable and more practical solution to the protracted refugee situations.
5) Clause 31 of the Bill, which provides for the requirement for refugees to reside in designated areas, authorizes the Commissioner for Refugee Affairs to require any refugee in one designated area to move to another designated area. H.E the President observes that the clause fails to make any reference to refugees who may be residing outside designated areas and does not make any provisions regarding the Commissioner’s control over them.
The Speaker thus informed the Honorable Members, that having made his reservations, H.E. the President now requests the National Assembly to reconsider the Bill in accordance with the provisions of Article 115(2) (a) of the Constitution.
Standing Order 154(2) of the National Assembly Standing Orders requires the House to consider the President’s Reservations within twenty one (21) days of the date when the House next meets upon receipt of the Memorandum.
In that regard, H.E the President’s Reservations, as contained in his Memorandum, were committed to the Departmental Committee on Administration and National Security for consideration.
The Speaker also reminded the House, of the Speaker’s Communication of July 28, 2015 concerning the consideration of the President’s reservations to a Bill and amendments thereto; that the voting threshold for the passage of amendments proposed by a Committee or an individual Member that have the effect of fully accommodating the President’s reservations is a simple majority as contemplated under Article 122(1) of the Constitution as read together with Article 115(2)(a).
On the other hand, an amendment that does not fully accommodate the President’s reservations, or indeed one that has the effect of a total override of the President’s reservations, including negating his proposed text, would require a two-thirds voting threshold to be passed in keeping with the provisions of Article 115(4) of the Constitution.
The Speaker finally reminded the House and the Committee that only Clauses (2), (
