Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1046963,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1046963/?format=api",
    "text_counter": 127,
    "type": "speech",
    "speaker_name": "Kipipiri, JP",
    "speaker_title": "Hon. Amos Kimunya",
    "speaker": {
        "id": 174,
        "legal_name": "Amos Muhinga Kimunya",
        "slug": "amos-kimunya"
    },
    "content": "for all the various options in doing a referendum, whether it is the current one or the one that will come in future, so that when we do the law, we are looking at a law that will guide not just now, but into the future. Unfortunately, we are not the first ones to do a referendum. We did one in 2005 and another one in 2010. Britain did a very major one that made a decision to exit the European Union (EU). The United Kingdom (UK) is not just one country; it is not England. There is Scotland and Ireland, and each of those was affected differently but they had to carry the burden of being enjoined so that as England leaves, Scotland or Ireland decide on their own. It has to be one or all because they entered there as one country. The Chair or Vice-Chair of the Departmental Committee on Justice and Legal Affairs has explained a number of the options that we have. We will be processing some amendments. I also want to highlight a few things that I have picked up for the Committee to consider so that we make it easier. The first one is Clause 2. Clause 2 is talking about the popular initiative. I know the lawyers know what Article 257 in the Constitution states. A law should stand alone so that any person looking at the Bill does not need to go to the Constitution to see what a popular initiative is. I urge the Committee that the first thing we need to do is to consider including the definition of the term “popular initiative” within Clause 2. That way, some of the issues we are having here might be answered. The other suggestion is with regard to Clause 5. Clause 5(1) starts by talking about a popular initiative and then Clause 5(3) (c) talks of a draft Bill. There is no link between the popular initiative and how it converts into a Bill. The Constitution states that anyone could, through a popular initiative, raise an issue to be determined in a referendum. It then shows how if it is a general suggestion, it needs to be crafted into a Bill to the point of sending signatures to the IEBC or collecting the signatures. We need to tidy up the steps in this law. From the initiative, how do you formulate the question? What do you take to the people? Do we need a sample of the form for collecting signatures so that I do not collect signatures on the back of an envelope? How do we incorporate the electronic collection of signatures because we are now in an electronic age? This is so that we capture some of the steps so that in moving from Clauses 5(1) to 5(3) (c), it is very clear what the promoter wanted. How has the promoter then convinced the one million people to support that initiative or the question? How does that question get translated into a Bill? Not everything needs to be a Bill. That is why we are getting some confusion. A referendum could be held on anything. The referendum that was held in the UK on exiting Europe was not a Bill. It was a question. Should Britain exit the European Union? Kenya could make a decision. I could promote a referendum question jointly with Aden Duale or somebody else to ask whether Kenya should continue being in the East African Community (EAC) or the Common Market for Eastern and Southern Africa (COMESA). We could then take it to the people. All those questions are available for people to make a decision. Because you cannot make that decision alone and there is no provision for that, you then take it to Kenyans. We could promote a question to ask whether Kenyans should drive on the right or on the left because it involves millions of cars. All those options need to be captured within this law so that the murmurs we heard of whether the question should be a Bill, should a referendum be a question, a series of questions, multiple choices or a Bill are addressed. We need to be very clear. If it is a Bill, it can only be good or bad, which is what we do here. When we come to the Third Reading of any Bill, the question is always whether we have approved the Bill or not, especially constitutional ones. We need that here. If it is a question, we could ask a series of questions in which case people will have a choice. Should Kenya quit the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}