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{
    "id": 111828,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/111828/?format=api",
    "text_counter": 356,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "This Parliament decided that the organ that will enact a new Constitution is not Parliament; it is the people of Kenya. If you read Section 47 together with 47(a)of the Constitution, it says that sovereign power to replace the Constitution of Kenya vests in the people of Kenya but the power to amend is with this Parliament. So, we can amend but we cannot replace the Constitution. So, this Parliament is a transit station in the making of a new Constitution. It is a very important transit station. The making of the Constitution will be expressed by the popular will of the people through a referendum. This arose out of the Ringera judgment where he said that Parliament lacks the capacity to enact a new constitution; that you can always replace a constitution through a constituent assembly directly elected by the people for that purpose. If there was no constituent assembly, the only way was to replace the constitution through a referendum. Mr. Speaker, Sir, for that reason, I would encourage the Member for Chepalungu that if you read those sections separately without reading the Constitution and Mr. M. Kilonzo will tell you, such provisions of an ordinary legislation which do not comply with the Constitution are either rendered otiose or they are rendered to be inconsistent with the Constitution which is the supreme law of the land."
}