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{
"id": 1194518,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1194518/?format=api",
"text_counter": 72,
"type": "speech",
"speaker_name": "Gichugu, UDA",
"speaker_title": "Hon. Gichimu Githinji",
"speaker": null,
"content": " Thank you, Hon. Speaker, for giving me this opportunity to give my exposition on the statement on the legislative proposal to amend the Constitution. Before I start, let me thank you for having facilitated us, through the Office of the Clerk, to be able to reach this level within a record one month. Let me also thank Members of this House for overwhelmingly supporting the legislative proposal which only required 50 Members to sign. But, the last time I saw the list of the signatories, over 300 Members had signed the proposal. That is much appreciated. It means that we are in this game together only that Hon. Mule and I are taking the lead. I know this is a matter that is at the heart of each and every Member. Allow me, Hon. Speaker, to take Members through the legal and constitutional framework surrounding these amendments. Articles 255, 256 and 257 gives the procedure and the instances in which the Constitution can be amended through a parliamentary initiative, or a popular initiative. In the present case, we are talking about the parliamentary initiative. According to the Constitution, Parliament can amend any part of the Constitution, but the procedure for amendment through a parliamentary initiative is usually two pronged: one, you amend the Constitution and you end up in referendum. Two, you may amend the Constitution but you do not have to go through a referendum. That is what I wanted to enlighten Members on. Under Article 256, either House of Parliament – National Assembly or Senate – can initiate a constitutional amendment, and we have initiated one in this House. After publication of the Bill, it will be read a First Time in this House. It requires that we have 90 days for public participation before the matter is re-introduced in Parliament for the Second Reading. In both instances, that is, the Second Reading and Third Reading, the threshold to pass a Bill to amend the Constitution is two-thirds majority in both Houses. If both Houses pass the Bill, the two Speakers of the National Assembly and the Senate will forward the Bill to the President for assent with a certificate. However, the President will not assent to the Bill if it touches on matters that are enumerated under Article 255 (1), that is, if the Bill touches on matters of Bill of Rights, the sovereignty, the supremacy of the Constitution, independence of the Judiciary, constitutional commissions, independent offices and other matters that are enumerated there. In that instance, that Bill will stand committed to the IEBC by the President for them to give an approval for his assent, and that approval will not come until the matter is taken for a referendum. The requirement in that referendum is that, at least, 25 per cent in half of the counties shall have voted with a majority of the Members The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}