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{
    "id": 1097581,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1097581/?format=api",
    "text_counter": 60,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "To refresh the mind of the Members in this House, the decisions of the High Court and the Court of Appeal on the BBI Bill, and more so regarding the basic structure of the Constitution is that the basic structure doctrine is applicable in Kenya; that, the basic structure doctrine limits the amendment power set out in Articles 255, 256 and 257 of the Constitution; and that the basic structure of the Constitution can only be altered through primary constituency power, which includes four sequential processes: civic education, public participation, constituency assembly debate and a referendum. Hon. Speaker, as you are further aware, there are at least seven published Bills proposing seeking to amend the Constitution pending before the House. The Bills are at different stages. They include the Constitution of Kenya (Amendment) Bill, 2019 by Hon. Florence Mutua; the Constitution of Kenya (Amendment) Bill (No.2) of 2019 by Hon. George Kariuki; the Constitution of Kenya (Amendment) Bill (No.3) of 2019 by Hon. Gladys Boss Shollei; the Constitution of Kenya (Amendment) Bill (No.4) of 2019 by the Committee on Implementation of the Constitution; the Constitution of Kenya (Amendment) Bill (No.5) of 2019 by the Committee on Implementation of the Constitution; the Constitution of Kenya (Amendment) Bill (No.6) of 2019 by Hon. Vincent Kemosi; and, the Constitution of Kenya (Amendment) Bill by the Committee on Implementation of the Constitution. In summary, these Bills are seeking to amend various provisions of the Constitution and provide, among others, change of timelines for nomination of Members to Parliament so that the exercise is done after a general election; including Kenyans in the Diaspora as special groups, under Article 97 of the Constitution; increase the number of elected women Members of the National Assembly from the current 47 to 136; amend Article 152 of the Constitution to provide that the President shall appoint Cabinet Secretaries from amongst sitting Members of Parliament; and, amend Article 90 of the Constitution to make provisions for political parties to nominate to the National Assembly and the Senate presidential and deputy presidential candidates who lose in the general elections. There are also several legislative proposals to amend the Constitution that are pending before the Departmental Committee on Justice and Legal Affairs for pre-publication scrutiny or before the Budget and Appropriations Committee for financial analysis. Some of them touch on various items, including: The establishment of the positions of prime minister; two deputy prime ministers who shall be from the largest political party in the National Assembly; and to provide that the prime minister and the two deputy prime ministers shall be appointed by the President, with approval of the National Assembly. 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."
}