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{
    "id": 1063756,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1063756/?format=api",
    "text_counter": 123,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "Mr. Speaker, Sir, that brings me to the second argument. Many people who have contributed, including the Co-Chair, have talked about unconstitutional constitutional amendments. That is a paradox by itself. Constitutional law experts and practitioners, many of whom are in this Chamber, will tell you the Constitution is what is called in law, the grundnorm . It is the final law by itself. However, can the final law be unconstitutional against itself? Can you say, for example, an amendment is unconstitutional? What if that amendment passes and becomes part of that grundnorm ? Can it then still be unconstitutional? The new thinking in constitutional law practice is that even though the Constitution is the grundnorm, there are certain principles of the Constitution that carry supra-constitutional status. That is why you hear arguments that the basic structure or the foundational principles of the Constitution. There are particular principles of the Constitution called use cogent in Latin. These are the peremptory norms which you cannot derogate against. For example, you cannot amend the Constitution to legislate torture, or legalise genocide. In the same breath, the constitutional structures themselves must protect the basic norms. What are the basic norms in our Constitution? The basic norms in our Constitution are provided for in Article 10. They include values and principles of governance. Principles include the rule of law, patriotism, national unity, sharing of devolution of power, democracy and participation of the people, human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised. If these are the basic norms, then we cannot derogate against them. The question we should ask ourselves is: Can the amendments proposed in BBI Report pass the test of protecting the basic principles and values of the Constitution? Put in another way; is it possible for us to bring constitutional amendments that contradict the basic norms of the Constitution itself? Article 81 says we must have gender equity. All institutions of governance, including the Senate and the National Assembly, must have at least one-third of its membership from either gender. I do not know why the womenfolk here keep talking"
}