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{
    "id": 1056395,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1056395/?format=api",
    "text_counter": 87,
    "type": "speech",
    "speaker_name": "Suba South, ODM",
    "speaker_title": "Hon. John Mbadi",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "From the outset, I want to point out that the Bill we are likely to deal with shortly has been promoted by 4.2 million Kenyans going by the first list that went to IEBC. However, even from the verified and authenticated list, over 3 million Kenyans have decided that they want the 2010 Kenyan Constitution amended in a particular manner. However, these over 3.2 million Kenyans could not come here to prosecute and execute what they intend this House to deal with. Therefore, we have belabored and discussed this issue. Hon. Speaker, we must say that we have really benefited a lot from you and especially your legal background and your deep understanding of the processes and procedures of Parliament in giving us the way forward and helping chart this course. In addition, we felt that it was important that through a Motion, we have this draft Bill introduced in this or allowed for introduction in the House. Hon. Speaker, allow me to congratulate those counties that have dealt with this Bill and more particularly the 43 or so counties which approved and agreed with the 3.2 million Kenyans who wanted the Constitution to be amended. That translates to 91.4 per cent of all the counties in this republic. That is an indication of overwhelming support that probably this draft Bill is enjoying. I hope that this House will also reflect that percentage in supporting the Bill when it comes here. However, Hon. Speaker, I just want to continue by saying that we are expecting that the BBI Constitution (Amendment) Bill will be introduced in this House for expedited processing pursuant to Article 257 of the Constitution. The question that arises is: Why then are we expediting this processing? To answer this question, allow me to jog the memory of this House and take ourselves to the history of Constitution making in Kenya. Many of us will remember or recall that through a national referendum - which was conducted on 4th August 2010 - the people of Kenya unequivocally bequeathed to themselves and the successive generations the current Constitution which we call the 2010 Constitution. The overarching principle that the people of Kenya entrenched in the new constitutional dispensation is the sovereignty of the people. It is on this backdrop that Sub-Article (1) of the Constitution allows the people to either exercise their sovereign power directly or donate it to their democratically elected representatives to exercise that power on their behalf. Hon. Speaker, my colleagues would be wondering whether it was indeed necessary for me to have given that background. However, what I am doing is to demonstrate to this House that there is a direct nexus between the sovereignty of the people alluded to in Article 1 of the Constitution and the process for amending the Constitution which is enshrined in Chapter 16 of the Constitution. You will realise that Articles 256 and 257 of our Constitution provide for two distinct paths that may be taken to amend the Constitution. The first path is through parliamentary initiative which we are at liberty to start at any time and at whatever level and to amend any provision in the Constitution. That is what Article 256 of the Constitution is all about. However, the second path which seems to be the one that we are now taking, is what we now call the popular initiative. It is provided for under Article 257 of the Constitution. It is, therefore, instructive for the House to note that the framing of Article 256 of the Constitution was intended to place the process of amending this Constitution through popular initiative within the exclusive sovereign power of the people. Hon. Speaker, sometimes I have heard some Kenyans argue that we are yet to fully implement this Constitution and, therefore, why do we amend it? To fully implement this 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."
}