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{
    "id": 1047834,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1047834/?format=api",
    "text_counter": 18,
    "type": "speech",
    "speaker_name": "Saku, JP",
    "speaker_title": "Hon. Rasso Ali",
    "speaker": {
        "id": 13473,
        "legal_name": "Dido Ali Raso",
        "slug": "dido-ali-raso"
    },
    "content": "European Union, but on other issues, they want to remain there. Therefore, for that reason, as we look at our referendum Bill, we must have a win-win situation. There should be no people going for the yes and those going to say no. Hon. Temporary Deputy Speaker, several speakers before me have alluded to the fact that let us not posit this Referendum Bill for the Building Bridges Initiative. Let us posit it for posterity, for the future in law making in Kenya. A referendum as it is, is in our Constitution making. Many have been saying it is not about amending the Constitution. It is about implementing the Constitution. In coming up with this Bill, I think Hon. (Dr.) Otiende Amollo who moved this Bill must agree with me that it is for the consequence of making the law of this land complete. Through a referendum, the citizenry of this country will have a say and will have a voice in making the laws. I just want to talk about three issues. First, is Article 3 that talks about the application of the Election Act, that: “When we are running a referendum, it is as if we are running a general election”. If you see what has been spelt out there, the eligibility of vote, registration of voters and all that up to (p), it is clear. In addition, I must inform this House that the devil is in the detail. A lot of time many resources are required to put things in place. Therefore, in terms of timelines, what the Committee recommended in the consolidated report, it is time to microscope some of the timings here where from six months, they try to reduce it to like 30 days. From 30 days to 14 days. From 14 days to seven days. This cuts across the Bill and I think as we move forward, we must look at it because these are weighty matters that are before us. Is it feasible to reduce the timeline from six months to just a few weeks? Hon. Temporary Deputy Speaker, the other issue is on 17, about the petition challenging the outcome of the referendum. The Member who spoke before me said that this is a constitutional matter. Necessarily it cannot just enter the Court of Appeal. There are many lawyers in this House - distinguished for that matter. If a matter is constitutional, then I believe it is for the Supreme Court. I believe it is not for the High Court or the Court of Appeal. As we also look at that, we must consider the petition where it is said that the petitioners must file within, I do not know 14 days; within seven days. I think that is too short a time for the petitioners to have prepared themselves to go before even the Supreme Court. Finally, it is under Article 54. That is when you do a referendum in this country and then you say that this matter is not as important as that one of the Constitution and then we say that we are just going to have a simple majority. I believe anything that will affect the law of this land must be determined by 50 plus one or else it will be difficult to enforce. With those few remarks, Hon. Temporary Deputy Speaker, I thank you."
}