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{
    "id": 1097625,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1097625/?format=api",
    "text_counter": 104,
    "type": "speech",
    "speaker_name": "Ugunja, ODM",
    "speaker_title": "Hon. Opiyo Wandayi",
    "speaker": {
        "id": 2960,
        "legal_name": "James Opiyo Wandayi",
        "slug": "james-opiyo-wandayi"
    },
    "content": "there are parties out there who have expressed intentions to appeal the Court of Appeal Judgment. Therefore, the matter is not yet settled until the Supreme Court pronounces itself on it. If we go to Article 95(3) of the Constitution on the role of this House, that is, the National Assembly, this House enacts legislation in accordance with Part IV of that Chapter. Of course, we know the procedures. In short, what I am saying is that this House cannot abdicate its constitutional responsibility even in the face of those two judgements by the two courts and, more so, taking into consideration the fact that the two courts’ pronouncements on the matter of basic structure doctrine remains as vague as it can get. Ambiguity is something which is highly found against in law. Even up to now, no one, for sure, can say with certainty what the court meant by implying that you cannot amend the Constitution if the amendments touch on the basic structure and yet, Article 255(2) is so clear, in my view, as to what ordinarily constitutes basic structure. What was so difficult for the courts to clearly re-state the key areas that should not be touched as indicated under Article 255(2)? Finally, it would be a very dangerous situation for us to take a position that we cannot touch the Constitution by way of amending it either through this Parliament or through a popular initiative. That is what has brought anarchy and chaos in many countries. The moment it becomes clear that it is almost impossible to amend the Constitution, people will be tempted to look for alternative ways to bring change. If you cannot bring change through a constitutional process, you will be tempted to look for extra-constitutional means to bring change. In countries where military juntas have taken over, the first thing they do is to suspend the constitution because to them, it is an impediment to the changes they intend to effect."
}