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{
    "id": 1067229,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1067229/?format=api",
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    "content": "relevant part unless it has been approved by the legislature or legislatures or province or provinces concerned. (9) A Bill amending the Constitution that has been passed by the National Assembly, and where applicable by the National Council of Provinces, must be referred to the President for assent.” Hon. Members, unlike our Constitution, Section 74 of the Constitution of the Republic of South Africa does not provide for amendment of the Constitution through any other procedure other than through its National Assembly and the National Council of Provinces. It also does not contain a provision for submission of the amendments to a referendum or amendment by popular initiative. In my view, Article 255 (1) of the Constitution of Kenya expressly provides what constitutes its basic structure and provides a safeguard against arbitrary and whimsical amendment of the matters it lists without submission of the amendment to the people for approval. Indeed, the preamble to the Constitution speaks to matters listed under Article 255 (1) of the Constitution as it provides that: “We, the people of Kenya… RECOGNISING the aspirations of all Kenyans for a government based on essential values of human rights, equity, freedom, democracy, social justice and the rule of law: EXERCISING our sovereign and inalienable rights to determine the form of governance of our country and having participated fully in the making of this Constitution.” As such, I am of the considered opinion that a Bill may be introduced to amend any provision of the Constitution, and that such a Bill may be considered and passed by the House subject to its submission for approval by the people at a referendum, if it touches on any matter listed in Article 255 (1) of the Constitution."
}