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{
    "id": 110983,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/110983/?format=api",
    "text_counter": 226,
    "type": "speech",
    "speaker_name": "Mr. Imanyara",
    "speaker_title": "",
    "speaker": {
        "id": 22,
        "legal_name": "Gitobu Imanyara",
        "slug": "gitobu-imanyara"
    },
    "content": "Mr., Deputy Speaker, Sir, I thank you for giving me this opportunity. It is a historic moment, indeed, that finally, we can stand before this House and say that we have a real opportunity of giving this country a new Constitution. A Constitution for which many people have fought and for which many have died. It is important, as we stand in this House to celebrate an occasion like this one, to recognise the fact that we, as the National Assembly, today are not sitting as a legislative body. Mr. Deputy Speaker, Sir, there is a lot of confusion that is coming up in the minds of hon. Members, which is confusing this House’s role of law-making from that of acting as an organ of constitutional review. It is very important that we recognise the fact that it is stated clearly in Section 47 of the Constitution of Kenya Review Act that the right and the power to replace the Constitution lies collectively with the people of Kenya. When today we stand here to speak in support of this proposed Constitution, we speak as one of the organs that are recognised in the Constitution of Kenya Review Act. The other constitutional review organs are the Committee of Experts (CoE) and the Parliamentary Select Committee on Constitutional Review, which is headed by my good friend who presented this Draft Constitution Bill to this House yesterday. We must recognise the fact that each of those review organs has a duty and a way. So, today, we must differentiate the role of this Assembly acting as a review organ, in terms of the Constitution of Kenya Review Act, and as a legislative Assembly. If we get that correct, we will understand why these fears about certain things that have not been taken into account, can be taken into account in due time. Mr. Deputy Speaker, Sir, Article 119 of the proposed Constitution on the right to petition Parliament says:- “Every person has a right to petition Parliament to consider any matter within its authority including to enact, amend or repeal any legislation” I want to appeal to my colleagues who have certain misgivings and are proposing amendments to the proposed Constitution to rethink. Let us pass this proposed Constitution as it is because it does give Dr. Machage the opportunity to come back and ask this Parliament to enact a law that specifically takes into account his fears. I appeal to my colleagues that the way forward is to accept this Constitution as proposed by the Committee of Experts (CoE) and the Select Committee of this House. Let us go to the people of Kenya who have the final responsibility of enacting this Constitution. Under the Constitution of Kenya Review Act, the final organ of review is the people of Kenya in the referendum. That is where the people of Kenya will exercise their final authority as envisaged in Section 47 and give us a new Constitution. So, as I stand here today, I feel a very happy man that all the days I spent in Nyayo House were not in vain. The days I spent at Kamiti Maximum Security Prison were also not in vain. The days I spent at Naivasha Maximum Security Prison were not in vain. We have been fighting for this Constitution for all those years. I am sure wherever Jaramogi Oginga Odinga is lying today, and may God rest him in peace, is a happy man after seeing that finally, what his dream for Kenya was is getting attention in this House."
}