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    "id": 1067221,
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    "content": "The Members also raised the concern that some of the Members of Parliament may have been involved in collection of views of the public through the Building Bridges Taskforce or participated as promoters of the Bill. As you are indeed aware, the Member for Suna East, Hon. Junet Mohamed, is listed as one of the promoters of the Bill in the joint Report. Additionally, I am also aware that several Members of this House signed to support the popular initiative that was submitted to the IEBC. However, the question of whether the Bill before us is a popular initiative or an “Executive initiative” as some of the Members have decided to label it does not arise. Any registered voter, be it a Member of this House or even the President, is at liberty to sign and support a popular initiative in terms of Article 257(1) of the Constitution. There is no bar. The Constitution does not place any restriction with regard to the age, gender, tribe, profession or status of a promoter of a Bill to amend the Constitution by popular initiative, save that they must be registered voters. It is, therefore, my considered opinion that what determines whether a Bill is a Bill by popular initiative is whether the Bill takes the shape, form and follows the procedure under Article 257 of the Constitution. In addition, Hon. Members, looking at the Bill under consideration by this House, the enacting formula clearly reads: “A Bill for An Act to amend the Constitution by popular initiative.” It further reads “Enacted by the people of Kenya.” This further settles the fact that the Bill before us is a Bill to amend the Constitution by popular initiative and is to be enacted by the people of Kenya and not Parliament. Indeed, it is also worth noting that the Joint Committee did also consider this question and in paragraph 337 of its Report, the Committee found that the Bill is one by popular initiative under Article 257 of the Constitution. With these facts, Hon. Members, the Bill before this House is evidently one which is a Bill to amend the Constitution by popular initiative in terms of Article 257 of the Constitution. Hon. Members, Article 257 (5) and (6) of the Constitution provide for the submission to, and consideration by county assemblies of a constitutional amendment Bill proposed through popular initiative. The provisions state as follows:"
}