- The petition was tabled in the National Assembly last month.
- It has now been committed to the Committee on Justice, and human rights affairs.
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A petition by a Narok MCA seeking to have the qualifications of Speakers of County Assemblies, Senate and National Assembly reviewed has been tabled in the Senate.
The petition by Simon Lenguya which has also been tabled in the National Assembly seeks to make it mandatory for anyone contesting for the position including their deputies to possess a degree certificate.
Lenguya wants Sections 21 (1) and 22 (1b) of the Elections Act amended to provide for the requirement.
The standing orders of the Houses, he noted, should also be amended such that the powers of the members of the speaker’s panel be limited to the facilitation of debate.
“...and that matter that requires ruling be referred to the date the speaker or his deputy shall be available to make a decision,” reads the petition tabled by deputy speaker Kathuri Murungi.
He has expressed concern that many county assemblies have Speakers who lack adequate knowledge of the law, standing orders and the legislative process.
This, he noted, can result in the enactment of poor-quality legislation, some of which may and subsequently invalidated by the courts.
The petition was tabled in the National Assembly last month.
Section 21 (1) of the Elections Act states that the speaker of a county assembly shall be elected by each county assembly by the Standing Orders of the county assembly, from among persons who are qualified to be elected as members of a county assembly but are not such members.
Section 22 (1b) provides that for election to the position, a person must hold a certificate, diploma or other post-secondary school qualification acquired after at least three months of study, recognized by the relevant Ministry and in such manner as may be prescribed by the Commission under this Act.
"At present, most county assemblies have Speakers who are not well versed in the law, including the meaning of standing orders, the legislative process, interpretation and application of the law. Most of the Speakers are not educated in law and when they debate, they deal with very minor issues. Some cannot appreciate the basic principles of law and are unable to contextualise issues and address them by applying the Standing Orders, constitutional provisions or national legislation to them," the petition reads in part.
The petition has been committed to the Committee on Justice and Human Rights Affairs.