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{
    "id": 1109156,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1109156/?format=api",
    "text_counter": 119,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "of constitutional amendment, the effort that the High Court and Court of Appeal have made has enriched our understanding of how to secure and safeguard a constitution. Whether you supported the BBI or not, one cannot fault the courts of law for some of the pronouncements they made. We might not agree 100 per cent, but I believe they have enriched not just the Kenyan, but the global experience when it comes to amending the constitution. The petitioner could have decided to invoke the provisions of the Constitution, which allows a member of the public through popular initiative to propose amendments to that Constitution. I remind the Petitioner that despite the response he is going to get from the Senate, he still retains that right. If he feels passionate about and if Senate does not initiate the necessary amendments that he has put in his prayers, he can still pursue the option that is available to him in the Constitution. As one legal scholar said, the problem in Kenya is constitutions without constitutionalism. Many times, we want to tailor our Constitution with individuals in mind. Sometimes you find that you do not like the Deputy President and so, you want to change the Constitution to make life uncomfortable for the Deputy President, not knowing that the person you like could be the Deputy President tomorrow. You will then find yourself in a bind because you had created hell of that position. I encourage that even as we think about the constitutional amendments that are good for this country, let us not have individuals in mind, but posterity. What do we need to do around the offices of the Deputy President and deputy governors in counties? One, just like in the US, the Deputy President should not be an idler, like is the case today. In the US, Vice President Kamara Harris presides over the Senate. What stops the Deputy President from becoming the Leader of Government business in Parliament? As it is now, Sen. Poghisio is the Senate Majority Leader and, perhaps, he only sees the President on television. How is he going to convey the wishes and ambitions of the Executive if there is that disconnect?"
}