HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1069249,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1069249/?format=api",
"text_counter": 467,
"type": "speech",
"speaker_name": "Hon. Lusaka",
"speaker_title": "The Speaker",
"speaker": null,
"content": "one that was submitted to the Senate by its promoters. Can such a resulting Bill still be said to be a Bill by popular initiative? Hon. Senators, in light of the foregoing, and as supported by the findings of the Committees, there is need to protect the sovereign will of the people. Indeed, the Committees of the two Houses, which considered this Bill, found at Paragraph 364 that- “Pursuant to Article 257(10) of the Constitution, Parliament cannot replace or usurp the people’s views on a popular initiative with its own. Thus the ultimate authority regarding a popular initiative Bill rests with the people.” I agree. I, therefore, rule in respect to the specific question asked, that, no amendments may be made to the provisions of a Bill to amend the Constitution by way of popular initiative in the Senate. The Senate has the option of either passing or rejecting the Bill in toto in accordance with Article 257(8) of the Constitution. Flowing from these findings, I declined to approve the notices of proposed amendments to the Bill at the Committee Stage submitted to my office by the Senator for Murang’a County, Sen. Irungu Kang’ata, MP; the Senator for Kitui County, Sen. Enoch Wambua, MP; the Nominated Senator, Sen. Millicent Omanga, MP; and the Senator for Nandi County, Sen. Samson Cherargei, MP. Hon. Senators, the question then arises whether the Senate still proceeds to the Committee of the Whole on the Bill, and if so, the manner in which the Committee stage is to be transacted. The Committee of the Whole is a mandatory stage for the consideration of any Bill. A Bill for an amendment of the Constitution by popular initiative is no exception. The Committee Stage is the forum at which the Senate is able to consider the Bill clause by clause in a detailed manner. As Senators are aware, the procedure in the Committee of the Whole is less rigid than that of the Senate in Plenary and permits any Senator to speak to any clause, including speaking more than once to a question proposed. The only difference will be that the deliberation in the Committee of the Whole, including contributions by individual Senators, can only be geared towards the acceptance or rejection of the Bill as a whole. All the clauses and the schedules will accordingly be read out and proposed as is standard procedure in the Committee of the Whole, but only one question will be put, which shall be that the clauses, the schedules and the title be part of the Bill. Senators will then be expected to vote either YES or NO or ABSTAIN on the Bill as a whole and not any particular clause or part of the Bill on its own. Hon. Senators, one final matter remains, which is the question whether formal errors may be corrected, and if so, the manner of such correction. This matter is to be approached cautiously because the device of correction must not be subterfuge for substantive amendments to the Bill through the backdoor. Indeed, on this the Committees found that - “Parliament’s legislative action includes correcting any errors of form or typographical errors that do not go to the substance of the Bill, and that bring drafting harmony to the Bill.” This is according to Paragraph 365 of the Joint Committee Report."
}