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{
    "id": 1059509,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1059509/?format=api",
    "text_counter": 343,
    "type": "speech",
    "speaker_name": "Sen. Sakaja",
    "speaker_title": "",
    "speaker": {
        "id": 13131,
        "legal_name": "Johnson Arthur Sakaja",
        "slug": "johnson-arthur-sakaja"
    },
    "content": "Therefore, the question we will seek to answer is, in this process in Article 257, whether Parliament is legislating or processing. Whether or not the Senate or the National Assembly vote for this Bill - because now it is a Bill - it will go to a referendum, that is the provision. That is one of the questions that we need to answer. Also, we want to answer the question that if there are provisions that do not need a referendum that have been passed through this process; whether if the President assents to that, because Article 257(9) provides for the presidential assent; whether those sections are deemed to have been passed and then the IEBC isolates the other matters to go to the people. These are weighty questions that we must ask. However, we must give assurance because I have seen there is already suspicion. We have seen the media in its reports saying that the Committee is divided. The Committee is not divided. We are very clear. We are not trying to delay this process. We just need to answer these weighty questions. There are those with concerns including my people of Nairobi about constituencies. Sen. Mutula Kilonzo Jnr. will tell you that even when KNBS came, they said: “Leave alone the 29 constituencies that are provided for. Nairobi actually deserves 33”. These discussions must be heard and we must hold fort to discuss and agree on what our role is. Mr. Temporary Speaker, Sir, as I conclude, imagine if through popular initiative a Kenyan sought to disband the National Assembly and the Senate. Would the National Assembly and the Senate be then allowed to amend that popular initiative? Article 1 provides that: “The sovereign power of the people is expressed either directly or through their representatives”. The direct expression of sovereign will of the people is through a plebiscite and the people can say they want to amend anything that they want and Parliament cannot stand in the way of whatever the people want to do. Those are the questions that we will have to determine. However, we want to give assurance to the House and the promoters that there is no ulterior motive because I can see people thinking that we are trying to play games. That is neither here nor there. These weighty questions are precedent setting; this is the first amendment; these weighty questions must be answered and a determination be made so that in future, in 30 years people can be guided when there is another similar initiative that comes. I thank you."
}