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    "id": 1067233,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1067233/?format=api",
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    "content": "procedure applying to ordinary legislation and other business, however, does not extend to a Bill to amend the Constitution. Hon. Members, Articles 256 and 257 of the Constitution prescribe express procedures governing the origination and processing of a Bill to amend the Constitution by parliamentary initiative and by popular initiative, respectively. The two articles are straight-jacketed and require any procedural maneuvering to strictly accord with their provisions. In respect of a Bill to amend the Constitution by popular initiative, Article 257 is clear. Hon. Members, I will go to Clause 7: “(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay. (8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House. (9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Article 256(4) and (5). (10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in Article 255(1), the proposed amendment shall be submitted to the people in a referendum. (11) Article 255(2) applies, with any necessary modifications, to a referendum under clause (10).” Hon. Members, Article 94 of the Constitution outlines the general role of Parliament with regard to the consideration and passage of amendments to the Constitution, among its other roles. Parliament is placed under an obligation of protecting the Constitution at all times and promoting the democratic governance of the Republic. This is provided for in Article 94(3) and (4): “(3) Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution. (4) Parliament shall protect this Constitution and promote the democratic governance of the Republic.” Hon. Members, Article 257 of the Constitution qualifies the role of Parliament and its Speakers with regard to the consideration of a Bill to amend the Constitution by popular initiative. A close reading of Article 257 reveals four specific obligations relating to Parliament and the Speakers of Parliament. These are: (a) receipt of copies of a draft Bill to amend the Constitution and certificates of approval by the county assemblies; (b) introduction in Parliament without delay, where a majority of the county assemblies approve the draft Bill; (c) passage by a majority of the members of each House; and, (d) submission of the Bill to the President for assent, if Parliament passes the Bill. Hon. Members, the text of Article 257 deliberately limits the exercise of legislative powers by Parliament when considering a Bill to amend the Constitution through popular initiative. Parliament has no role in origination of the Bill and is only required to introduce the Bill and pass or fail to pass it. Notably, whereas ordinary legislation may be lost in mediation or lapse for want of consideration; failure to pass a Bill to amend the Constitution by popular initiative only propels it to mandatory consideration at a referendum by the people. Noting the limited legislative role afforded to Parliament and its Members, inescapable doubts arise on the Speaker’s role with regard to the substantive aspects of such a Bill. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}