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{
"id": 208745,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/208745/?format=api",
"text_counter": 179,
"type": "speech",
"speaker_name": "Mr. Speaker",
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"speaker": null,
"content": "Hon. Members, before we go to the next business, I would just like to give 3226 PARLIAMENTARY DEBATES August 15, 2007 guidance on what is the requirement on a Bill to amend the Constitution. You will find the provisions of Section 47 of the Constitution useful in order for this honourable House to understand what is required of us. To amend the Constitution of Kenya, according to Section 47, the House requires, on the Second Reading and the Third Reading, 65 per cent of the Members to be present before I call for a Division. Sixty-five per cent of the Membership of this House is 144.3 Members. I am aware that we do not have a decimal Member and, therefore, this being a constitutional issue, instead of going to the next whole number - in ordinary circumstances, in this case, I would go to 144 Members - I will go one notch higher, to 145 Members. That is the requisite number required to be present at the time of putting the Question on the Second Reading and the Third Reading. Hon. Members, if that number is not present during the Second Reading, then, under Standing Order No.165, I will decline to put the Question and the matter will lapse. However, if we have 145 Members present, and upon a Division we do not acquire the requisite majority of 145 Members, and at the same time, if 35 per cent of the Membership of this House, which is 77 Members, vote \"No\", the Question will be deemed to have been negated. That means it fails. However, if less than 35 per cent of the Membership of this House vote \"No\" but we do not, again, acquire the \"Yes\" vote of 145 Members, I am allowed by the Constitution and the Standing Orders to call for another vote within seven days. So, you must understand the following: First, 65 per cent is the magical figure. You must attain the number of 145 Members for me to be able to put the Question. If you attain that figure and 77 Members vote \"No\", and the ones who vote \"Yes\" are not 145 Members, then the Question will be negated. However, if less than 77 Members vote \"No\", and you do not attain the 145 Members, I will direct that another vote be taken on a subsequent date, but there must be the requisite quorum on the Second Reading and Third Reading of 145 Members, excluding the ex-officio Members present and sitting in this Chamber. Do you understand?"
}