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{
    "id": 108938,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/108938/?format=api",
    "text_counter": 1036,
    "type": "speech",
    "speaker_name": "Mr. Farah",
    "speaker_title": "",
    "speaker": {
        "id": 16,
        "legal_name": "Farah Maalim Mohamed",
        "slug": "farah-maalim"
    },
    "content": "Mr. Speaker, Sir, I think it is important for us to understand the spirit and object of the exercise that we have already undertaken. It is a pity when two years after passing this Act, we question right now the constitutionality of the Act that we passed which has constitutional authority. Mr. Speaker, Sir, it is apparent in Section 5 of the Constitution of Kenya (Amendment) Act, 2008 there is a presumption that there is loss in faith in Parliament to deliver a Constitution to Kenyans. It says:- âThe sovereign right to replace this Constitution with a new Constitution rests collectively in the people of Kenya and shall be exercisable by the people of Kenya through a referendum in accordance with this section.â Mr. Speaker, Sir, it is assumed that the Committee of Experts (COE) have brought in the draft form what essentially is the will of Kenyans to be finally exercised also through the referendum. It goes further, just to strengthen the position which was articulated by Mr. Orengo, as follows:- âNotwithstanding anything to the contrary in this Constitution---â I think this is very clear. It says: âWhen a draft constitution proposing the replacement of this Constitution has been introduced into the National Assembly, no alteration shall be made in it, unless such alteration is supported by the votes of not less than 65 per cent of all the hon. Members of the Assembly, excluding the ex-officio Members. Basically, this will be approved by the people of Kenya through a referendum. This is a Motion and as per the Standing Orders, any Motion contains the basic issue of finding out who has won and who has lost. But in this case, the Standing Order is subordinate to the provisions in the Constitution. So, anything less than two-thirds percent on this---"
}

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