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{
    "id": 108985,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/108985/?format=api",
    "text_counter": 1083,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "The foregoing sub-section makes Section 54 of the Constitution inapplicable to alterations to a draft Constitution. As I have previously ruled, and, in fact, communicated, the House is currently debating a Motion on a draft Constitution within the meaning of Section 33(4) of the Constitution of Kenya Review Act, 2008 and Section 47A(2)(b) of the Constitution. The Motion before the House is a question on the approval of the Draft Constitution. To make any alteration to that Draft Constitution, the votes of 65 per cent of all Members of the House is required. Indeed, the House has dutifully gone through all the Motions in respect of each amendment that been proposed to the Draft Constitution. The question now before me is whether the Constitution can require a painstaking 65 per cent vote to pass any amendment to the Draft Constitution even to delete a single word, as it transpired yesterday and today. You will recollect the proposed amendments by the hon. Member for Kipipiri relating to a spelling - that requires only a simple majority of Members present and voting to disapprove a Motion, the effect of which is to by reversal or disagreement if not deletion, each and every article of the Draft Constitution. Can we interpret the Constitution in such a way as to create an absurdity by creating a situation where it is easier to disapprove, reverse or disagree with the entire draft and, therefore, to disapprove each and every article than it is to disapprove a single article? To my mind, the answer is clear and it is “no”. The Motion before us is not a mere or hollow Motion. It cannot be understood in isolation from the letter and spirit of the Constitution and the constitutional review process as a whole. It is a Motion for the approval of the Draft Constitution. As set out in Section 33(4) of the Constitution of Kenya Review Act, 2008, and Section 47A(2) of the Constitution, its approval requires a simple majority of the votes of the Members present and voting, while alteration of any provision in it or the whole Draft Constitution or any decision of the House on the Motion which achieves the same effect requires the votes of 65 per cent of all the Members of the National Assembly, excluding the ex-officio Members. Hon. Members, I so find and rule."
}