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{
    "id": 1069247,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1069247/?format=api",
    "text_counter": 465,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "that Article 94 of the Constitution vests the legislative authority of the Republic in Parliament and that Parliament has the mandate to take any legislative action- “In appropriate circumstances, required to ensure that a constitutional amendment initiated under Article 257 of the Constitution achieves its objectives, so as to protect the sovereignty of the people as guaranteed under Article 1 of the Constitution.” This finding is profound. It is a recognition that while Parliament, pursuant to Article 94 (3) of the Constitution, “represents the will of the people and exercises their sovereignty,” the extent of Parliament’s powers is not unlimited. Parliament, like all other state organs, is bound by the national values and principles of governance under Article 10 of the Constitution when applying or interpreting the Constitution, or enacting, applying, or interpreting any law. The Constitution itself has also provided for the manner of its interpretation at Article 259, Clause 1, whereof provides that the Constitution shall be interpreted in a manner that- (a) promotes its purposes, values and principles; (b) advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights; (c) permits the development of the law; and, (d) contributes to good governance. Hon. Senators, a Bill to amend the Constitution by way of popular initiative is one that emanates from members of the public and is required to be supported by at least one million registered voters. The Bill represents the intentions of the promoters regarding provisions, which they wish to be amended in order to address specific concerns or issues in the Constitution. This is a route taken by citizens who are fully aware and have forgone the route of seeking constitutional amendments by parliamentary initiative. It is a route taken by citizens who recognize that pursuant to Article 1 of the Constitution, all sovereign power belongs to the people of Kenya and that the people of Kenya may exercise their sovereign power either directly or through their democratically elected representatives. I am persuaded that a proper construction of the Constitution leads us to the conclusion that Parliament’s delegated power to exercise the sovereignty of the people by representing their will does not and cannot extend to subverting, altering or substituting that will, with its own wisdom, where the people have unequivocally expressed themselves. Hon. Senators, subjecting a Bill to amend the Constitution by way of popular initiative to amendments by the Senate risks altering or substituting the intentions of the promoters of the Bill with those of the Senate and hence, the overall output of the process may be a Bill containing provisions that were neither contemplated nor desired by its promoters. This is particularly so because if the Senate can amend one clause of the Bill, it can amend two clauses of the Bill. If the Senate can amend two clauses of the Bill, then it can amend all the clauses of the Bill, resulting in a Bill that is unrecognizable from the"
}