Special House sitting to debate Security Bill

The National Assembly is scheduled to hold a special sitting on Thursday to pass the controversial Security Laws (Amendment) Bill and possibly approve the nomination of Joseph Nkaissery as Interior Cabinet secretary.

Sources within Parliament told the Sunday Nation that Majority Leader Aden Duale has written to Speaker Justin Muturi asking for the special sitting.

Thursday’s sittings will be an addition to the second session of the National Assembly, which ended on Thursday evening, with the House adjourning until February 10, 2015, when the third session starts.

But so urgent is the government’s need to have the 22 laws changed that after the sitting ended Thursday evening, Mr Duale wrote the letter to Mr Muturi.

The Speaker was then expected to have the official notice published in the Kenya Gazette last week.

On Thursday morning, the Committee on Appointments, chaired by Speaker Muturi, is expected to table their report on the vetting of retired Major-General Joseph Nkaissery.

CDF BOARD NOMINEES
The House will also receive the report of the Constituency Development Fund Committee on the nominees to the CDF Board; Elias Mbau, Mike Iravo, Hillary James Nyaanga and Dr Margaret Jepkirui.

The vetting of the four took place on Thursday morning as Gen Nkaissery justified to his colleagues why his nomination as Cabinet secretary ought to get the House’s approval. 

A senior member of the House told Sunday Nation that the tabling of the reports in the morning would allow MPs enough time to peruse them before the debate in the afternoon.

It was not possible to establish whether the Security Laws (Amendment) Bill would be taken through the Third Reading, the last stage before being taken to the President for his assent, in the morning or the afternoon.

The Jubilee side was intent on having the Bill passed before the end of the day Thursday but was stopped in its tracks after some MPs interrupted the start of the Second Reading Thursday morning.

PREMATURE BILL
Suba MP John Mbadi (ODM) first rose to oppose the Second Reading of the proposed law saying past rulings by the House Speaker banned debate on Bills that attacked the Constitution.

“Our own rules do not allow us to debate an unconstitutional Bill. If a Bill limits basic rights protected by our Constitution then we should not proceed to debate,” Mr Mbadi said.

Legislators from both side of the divide also questioned the process used in bringing the amendments to the floor for debate saying some of its sections had not been scrutinised by House committees as required by the Standing Orders.

Ol Jorok MP John Waiganjo (TNA) said the Bill touched on several Acts and required scrutiny by members of several committees.

“Most of the committees have not had time to look at the sections. This Bill is prematurely before the House. I urge the chairman of the security committee to withdraw it and let relevant committees look at the sections,” he added.

PROCEEDING TO SECOND READING
In the afternoon, the Speaker quashed their hopes of having the debate stopped and the Bill withdrawn.

“I rule that the Security Laws (Amendment) Bill is properly before the House and should proceed to Second Reading so that the House can make a decision as to whether to accept it as proposed or make amendments as may be necessary to reflect the wishes of the House,” Mr Muturi said in a lengthy communication to the House.

Public hearings on the Bill are scheduled to continue on Monday at County Hall, with the Administration and National Security Committee also scheduled to table its report on the Bill before its Third Reading.