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{
    "id": 111888,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/111888/?format=api",
    "text_counter": 416,
    "type": "speech",
    "speaker_name": "Mr. Namwamba",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "Mr. Speaker, Sir, in seconding this Motion, allow me to start by humbly reminding this House of two fundamentals which I hope will remain at the back of our minds as we debate this critical Motion in the life of our nation. The first fundamental is that the role assigned to Parliament in this process is critical, but not divine. We have a role that is critical, but it is not divine. So, we must not at any moment imagine that even though we are the supreme law making organ in this country, that we are superior to the other organs of review. This is because we are not. This process has been designed by its very architecture. The architecture was designed by this very House in such an interlocking manner that gives due recognition and respect to each organ of review in a forward moving manner. Mr. Speaker, Sir, I want to remind hon. Members that if we, by any chance, fail to undertake our responsibility as an organ of review, we shall have thrown away the great opportunity to influence this process in a fundamental manner. In saying that, I want to invite hon. Members to look at the Constitution of Kenya Review Act that governs this process. Section 33(6) says:- “If the National Assembly fails to approve the Draft Constitution in accordance with sub-sections 4 and 5, a joint meeting between the Parliamentary Select Committee and the Committee of Experts (CoE) shall be convened by the Chair of the CoE to consider the issue or issues and make recommendations to the National Assembly. In considering issues not approved by the National Assembly, the meeting convened under Sub-section 6 shall invite the reference group to make recommendations on how the issue or issues may be resolved. The meeting convened under Sub-section 7, a meeting to which a reference group shall have been invited, shall be held in consecutive sessions over a period of not more than seven days and shall be chaired by the Chairperson of the CoE. Upon decision of the meeting, the CoE shall within seven days revise the Draft Constitution and submit a report and the new Draft Constitution to the National Assembly.” Section 33(10) says:- “The National Assembly shall within 21 days approve the Draft Constitution and submit it to the Attorney-General for publication.” Mr. Speaker, Sir, what I am reminding hon. Members is that if by any chance we choose not to approve this draft, let us not imagine that that will kill this process, because we will not. This process will proceed onwards only that, unfortunately, rather than this House bringing its influence and collective wisdom to bear on this process, we shall give that responsibility to the reference group to make those critical final decisions. We shall give that responsibility to the CoE as an organ of review. So, it is up to us as we undertake this draft - allow me to paraphrase President Harry Truman, the 33rd President of the USA – to either say the buck stops here and we make the critical decisions that must be made or to pass that buck to other organs of review because the process shall not die on the Floor of this House."
}