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Weekly Newsletter - Issue No 260
11th November - 15th November 2019

Editorial

Law is Made For, Not Against the People

Inclusiveness in the Kenyan legislative process is attainable after all if the outcome of the public hearings on the two Kenya Information and Communications Bills (KICA Bills) is anything to go by. At the end of the deliberations between the stakeholders (both institutions and individuals) and the Communication, Information and Innovation Committee there was a consensus that the Moses Injendi-sponsored Bill was unconstitutional and should be withdrawn in totality.

The hearings that had a significant youth representation brought to fore gaps that have severally excluded Wanjiku in law-making.

“I don’t think the Committee would be proceeding in the right direction by discussing something unconstitutional,” said Nominated MP and Committee member Godfrey Osotsi who flagged the Bill for not having been subjected to pre-publication scrutiny as is expected in the legislative process.

document by the Kenya Law Reform Commission (KLRC) details the legislative process from the genesis to the presidential assent stage, highlighting the requirements and relevance of each phase. Under the pre-publication scrutiny stage, policy is analyzed based on; the practicality of implementation, technical soundness, statutory harmony and conformity to the letter and spirit of the Constitution.

News of the Week

Ngunjiri wants Ruring'u Stadium investigated

Nyeri MP Ngunjiri Wambugu is demanding the immediate termination of the project contract, saying that its time-lapsed six months after it was launched by President Uhuru Kenyatta in 2017. In 2017, the government undertook to upgrade the stadium to international status in six months at a cost of Sh320 million in phase one. That included the athletics track, a dais, terraces, and a drainage system. The project was commissioned in June, 2017, but it stalled three months later after the contractor engaged in a protracted battle with the Kenya Power Company over a power line that had cut through the site. Already, the county government has erected a perimeter fence around the stadium at a cost of Sh20 million but the plan was to fence it once the stadium is complete.

Bill spells doom for corrupt civil servants

The Aceca Bill, 2019, targets managers, chief executive officers and directors of public institutions. It seeks to bar anyone convicted of an offence committed under the Act from holding any public office. In what will cause tectonic shifts in the governance sphere, those convicted of corruption or economic crimes shall stand disqualified from seeking political seats or appointment into public offices for 10 years immediately they are convicted. Currently, those who occasion or oversee the loss of public funds are cushioned from individual responsibility under the doctrine of collective responsibility in government offices. The bill has already undergone first reading. If passed, it will be a big boost to the Ethics and Anti-Corruption (EACC), the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) in fighting rampant corruption within the public service. The bill seeks to provide a framework for publishing the names of those disqualified from assuming public offices in the Kenya gazette at least once every year so that it becomes easy to weed them out during electioneering period.

Quote of the Week

"It seems as if the elements within the Kenyan government have taken deliberate action to stifle and slow down the creative industry. The creative industry is heavily taxed and hurdles are being placed daily on the path of young creative Kenyans who only wish to use their God-given talents to make a living."

Quote by Nairobi Senator Johnson Sakaja on November 14th 2019 on the KCAA drone ban.

Lest we forget

Kenyans would not want to give the current Government an extra day in office. This Government includes the Legislature, which we are a part of. Therefore, for us to sit here and pretend that we are doing something which is going to be beneficial to Kenyans without seeking their mandate would be defeatist.

Sentiments by Ugunja MP Opiyo Wandayi while debating on the Constitution of Kenya (Amendment) Bill on August 5th 2015.

Read the Hansard

Bills before the National Assembly

First Reading
THE NATURAL RESOURCES (BENEFIT SHARING) BILL
- SENATE BILL NO. 31 OF 2018
Sponsored by Hon Kareke Mbiuki
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL
- SENATE BILL NO. 3 OF 2019
Sponsored by Hon Joseph Limo
THE COMMISSION ON ADMINISTRATIVE JUSTICE (AMENDMENT) BILL
- SENATE BILL NO. 6 OF 2019
Sponsored by Hon William Cheptumo
Second Reading
THE COUNTY GOVERNMENTS (REVENUE RAISING PROCESS) BILL
- NO. 24 OF 2018
Sponsored by Majority Leader Hon Aden Duale
THE PARLIAMENTARY PENSIONS (AMENDMENT) BILL
- NO. 45 OF 2019
Sponsored by Majority Leader Hon Aden Duale
THE COMPETITION (AMENDMENT) BILL
- NO. 49 OF 2019
Sponsored by Majority Leader Hon Aden Duale
THE INSURANCE (AMENDMENT) BILL
- NO. 50 OF 2019
Sponsored by Majority Leader Hon Aden Duale
THE PARLIAMENTARY PENSIONS (AMENDMENT)(No.3) BILL
- NO. 57 OF 2019
Sponsored by Hon Andrew Mwadime
THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND (AMENDMENT) BILL
- NO.16 OF 2019
Sponsored by Hon (Dr.) Makali Mulu
THE TEA BILL
- SENATE BILL NO. 36 OF 2018
Sponsored by Hon Adan Hajj
THE EQUALISATION FUND BILL
- NO. 43 OF 2019
Sponsored by Hon Kassait Kamket
THE GAMING BILL
- NO. 38 OF 2019
Sponsored by Hon Victor Munyaka
THE KENYA INSTITUTE OF CURRICULUM DEVELOPMENT (AMENDMENT) BILL
- NO. 33 OF 2019
Sponsored by Hon Joyce Emanikor
THE INDUSTRIAL TRAINING (AMENDMENT) BILL
- NO. 4 OF 2019
Sponsored by Hon Jude Njomo
THE NATIONAL YOUTH COUNCIL (AMENDMENT) BILL
- NO. 8 OF 2019
Sponsored by Hon Gideon Keter
THE HIGHER EDUCATION LOANS BOARD (AMENDMENT) BILL
- NO. 9 OF 2019
Sponsored by Hon Ruweida M. Obo
THE PUBLIC ORDER (AMENDMENT) BILL
- NO. 14 OF 2019
Sponsored by Hon Simon King’ara
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL
- NO. 22 OF 2019
Sponsored by Hon Kimani Ichung’wah
Third Reading: Committee of the Whole House
The Public Finance Management (Amendment) Bill
- NO. 51 OF 2017
Sponsored by Majority Leader Hon Aden Duale

Bills before the Senate

First Reading
THE SACCO SOCIETIES (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 1 OF 2018
Sponsored by Senate Majority Leader Kipchumba Murkomen
THE SECTIONAL PROPERTIES BILL
- NATIONAL ASSEMBLY BILL NO. 23 OF 2019
Sponsored by Senate Majority Leader Sen Kipchumba Murkomen
Second Reading
THE KENYAN SIGN LANGUAGE BILL
- SENATE BILLS NO. 15 OF 2019
Sponsored by Sen (Dr.) Getrude Musuruve and Sen. (Prof.) Margaret Kamar
THE CARE AND PROTECTION OF CHILD PARENTS BILL
- SENATE BILLS NO. 11 OF 2019
Sponsored by Sen Beatrice Kwamboka
THE REGISTRATION OF PERSONS (AMENDMENT) BILL
- SENATE BILLS NO. 14 OF 2019
Sponsored by Sen Isaac Mwaura
THE ALTERNATIVE DISPUTE RESOLUTION BILL
- SENATE BILLS NO. 19 OF 2019
Sponsored by Sen Sylvia Kasanga
Third Reading: Committee of the Whole House
THE RETIREMENT BENEFITS (DEPUTY PRESIDENT AND DESIGNATED STATE OFFICERS) (AMENDMENT) BILL
- SENATE BILLS NO. 2 OF 2018
Sponsored by Sen Ledama Olekina
THE KENYA MEDICAL SUPPLIES AUTHORITY (AMENDMENT) BILL
- SENATE BILLS NO. 38 OF 2018
Sponsored by Sen Mary Senata
THE CANCER PREVENTION AND CONTROL (AMENDMENT) BILL
- SENATE BILLS NO. 9 OF 2019
Sponsored by Sen Dr. Abdullahi Ali
THE COUNTY HALL OF FAME BILL
- SENATE BILLS NO. 39 OF 2018
Sponsored by Majority Leader Sen Kipchumba Murkomen
THE COUNTY TOURISM BILL
- SENATE BILLS NO. 5 OF 2019
Sponsored by Sen Agnes Zani
THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL
- SENATE BILLS NO. 10 OF 2019
Sponsored by Hon Charles Kibiru

Public Participation

The Parliamentary Broadcasting and Library Committee will be undertaking public hearings on The Public Participation (N.A. Bill No. 69 of 2019) Bill in the following counties;
 

Friday 22nd November 2019

1) Kitui County - Kamwungo Market, Kyuso Sub-County 
2) Isiolo - Isiolo Police Canteen Grounds 
3) Mombasa - Kenya School of Government Hall 

Saturday 23rd November 2019

4) Garissa - Garissa Library 
5) Kilifi - Pwani University Lecture Hall 
6) Samburu - Alamano Pastoral Centre

Friday 29th November 2019

7) Narok - Seasons Hotel 
8) Busia - Breeze Hotel 

Saturday 30th November 2019

9) Nyamira - Magawagwa, Esanige Field Chief's Office
10) Kakamega - Mumias DCC Hall, Matungu
 

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