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{
    "id": 1211539,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1211539/?format=api",
    "text_counter": 249,
    "type": "speech",
    "speaker_name": "Nakuru Town East, UDA",
    "speaker_title": "Hon. David Gikaria",
    "speaker": null,
    "content": "Hon. Temporary Speaker, I have learnt a lot from you, Hon. Otiende and others. If you look at Article 255, it guides us on how to amend the Constitution. It says a proposed amendment to this Constitution shall be enacted in accordance with Article 256 which is through Parliament or 257, and approved in accordance with clause (2) via referendum which gives the procedure of collecting at least 20 per cent of registered voters signatures and things like that. As Members of Parliament, we need to look at if this proposal relates to any of the following mandates. As we debate, this country has become a country of politics almost every other day. We have just come from elections and now this. We need to see if we will go the parliamentary way to avoid politics which comes with a referendum. Hon. Temporary Speaker, we will go for a referendum under Article 255 (1) if this proposal touches on: (a) the supremacy of this Constitution; (b) the territory of Kenya; (c) the sovereignty of the people; (d) the national values and principles of governance referred to in Article 10 (2)(a) to (d); (e) the Bill of Rights; (f) the terms of office of the President; (g) the independence of the Judiciary; (h) the functions of Parliament; (i) the objects, principles and structure of devolved government; and it goes on. It is important for us to see if this proposal will go to a referendum or we can make the amendments here. These are the critical issues we need to look at. Of course, Article 255 (2) gives the process of how a referendum should be undertaken. We also need to ask ourselves why the President is doing this. We should go back to the Constitution and look at the authority of the President as enshrined in this Constitution, his functions and, lastly, decisions. Again, this will inform us looking at what the President has proposed whether he is legislating or is a requirement by law. If we look at Article 131(1)(e) of the Constitution on the authority of the President, it states that he is a symbol of national unity. So, is he doing this for purposes of individual gain? Article 131(2) (c) talks about the President being a symbol of national unity. So, is he doing this for individual gains or as a symbol of national unity? He is doing it as a symbol of national unity. Article 131 (2)(c) says “The President shall promote and enhance the unity of the nation.” All the proposals for amendment to the Constitution and in the Presidents’ memoranda... The President has been given a mandate by this Constitution to undertake these functions. Those are the things that we will be checking on at the end of the day."
}