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{
    "id": 1065345,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1065345/?format=api",
    "text_counter": 306,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "If we had found it was a Bill under Article 256, then it would not be a Bill that carries with it the supremacy of the people of Kenya. However, the moment the Committee made a finding that this is a Bill under Article 257 of the Constitution of Kenya, then it becomes the property of the people of Kenya and this House has no role in amending it. That is the finding of the Committee and what we have before us in the House. Madam Deputy Speaker, if we begin by understanding that that is the finding of the Committee, then things will be easier for us. Everything else is an observation that was being made by our Committee. If, on the other hand, the Committee had made a finding that this House has powers to amend, then I would have come with proposals to amend. We were told by experts – it is in the Report – that where we have issues as to an Article in the Constitution that does not have clarity, the recourse is to go to a court of law and seek interpretation. We have done so as a House. We have gone to court on several occasions seeking interpretation on some Articles of the Constitution that are not clear. I know there could be some of my colleagues who are of the view that under Article 257, you can amend a Bill brought by Article 257. With tremendous respect, I do not have those answers. What I have is the findings of the Committee that seeks to amend the Constitution, initiated by the people with three million signatures. This House has no powers to amend. However, if the Committee or I are wrong, somebody can seek a ruling from the Speaker or go to court and seek an interpretation. If I get an interpretation from the court that says we can amend, I will be the first one to move amendments to this Bill. As long as I do not have that guideline, I have to respect the provisions that are in our Constitution. Madam Deputy Speaker, I think that is the answer to all the points of orders that I have received this afternoon. I beg to proceed. The next observation is the Article that deals with the Judiciary Ombudsman."
}