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{
    "id": 1064210,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1064210/?format=api",
    "text_counter": 320,
    "type": "speech",
    "speaker_name": "Sen. (Eng.) Mahamud",
    "speaker_title": "",
    "speaker": {
        "id": 373,
        "legal_name": "Mohammed Maalim Mahamud",
        "slug": "mohammed-mahamud"
    },
    "content": "In the Memorandum of this Bill, the promoters set the following objectives: (a) The need to resolve issues of divisive elections. (b) Promotion of gender, equity and governance. (c) Strengthening of the structure of devolution and increase resource allocation to counties. (d) The broadening of mechanisms for all people of Kenya to benefit from economic growth. (e) Harmonization of certain roles and functions of the bicameral Parliament. (f) Fortification of national ethos by specifying responsibilities of citizens and (g) The strengthening of accountability of public resources and fight against corruption. As we look at this Bill, it is important to see whether the object and reasons for the Bill, as stipulated in the Memorandum, are fulfilled. Since the ‘Handshake’ between the President and the former Rt. Hon. Prime Minister in March 2018, this country has been seized with the matter of BBI. In fact, Kenyans call it the BBI Bill and are waiting for it to be passed or rejected. So, we have the BBI Report. The journey of BBI as you remember, started with the BBI Taskforce. The Taskforce brought a report to the nation and it was launched at the Bomas of Kenya as Bomas I in 2019. A steering Committee was put in place for implementation. The Committee brought a Report to Bomas and it was called Bomas II. Before that, there had been draft bills here and there. Between Bomas II and the final Report that was launched at the Kenyatta International Conference Centre (KICC), there were drastic changes and we finally got this Bill. Madam Deputy Speaker, I am going back to that history because views were collected from Kenyans. Kenyans spoke to the BBI Steering Committee and thereafter the promoters, who are one Members of Parliament (MPs) and former MPs, submitted the document to IEBC. Were the ideas of Kenyans collected properly? Article 94 of the Constitution states the role of Parliament. Article 94(1) says: “The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.” Further, Article 94(4) says: “Parliament shall protect this Constitution and promote the democratic governance of the Republic.” Madam Deputy Speaker, this 2010 Constitution was the result of a lot of discussion over many years. We are now having a Bill to amend the Constitution. The problem is that Article 257 says that you cannot amend a public initiative. However, you wonder: If you are amending a constitution, why can you not amend the proposed amendments? We are amending the Constitution and we are told you cannot amend the proposed amendments. There is a fallacy here!"
}