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"id": 223242,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/223242/?format=api",
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"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
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"content": " Mr. Temporary Deputy Speaker, Sir, Part IV of the Bill provides for the Report of the Council and the action thereof. Once the Council of Reference completes its work, and it is provided here that it will complete its work within a period of 12 months from the commencement of the Act, it shall, within two months of the commencement, on the basis of the proposed new Constitution of 2005, the Bomas Draft and such other drafts as the Council may consider, prepare a draft constitution for presentation to the Conference. After compiling the report and preparing the draft, the Council is obligated to publish such drafts for a May 3, 2007 PARLIAMENTARY DEBATES 1121 period of 30 days to enable Kenyans to acquaint themselves with the proposed new constitution. This is an effort to make sure that the Draft, just like the Wako Draft, is availed to the public so that they can go through it and prepare themselves for the referendum. The Council is thereafter obliged to call for a Constitutional Conference to present its report and the draft constitution for adoption with or without amendments. Mr. Temporary Deputy Speaker, Sir, it is the responsibility of the Council to make the rules that will govern the elections of the members of the Constitutional Conference. Mr. Temporary Deputy Speaker, Sir, it is also envisaged that all questions before the Conference shall be determined by consensus. We are here, again, recognising that constitution making is about consensus building. But, in the absence of consensus on all questions other than a question relating to the contents of the draft, matters shall be determined by a simple majority of the members of the Conference present and voting. But if the question relates to the contents, then this shall be determined by two-thirds of the members present and voting. Mr. Temporary Deputy Speaker, Sir, like I said before, the National Assembly is also an organ of review. After the Conference has passed the Draft Constitution, the National Assembly will be required to look at it, debate and pass the Draft Constitution. It can approve the Draft without amendments and submit it to the Attorney-General or propose amendments to the Draft and submit the Draft and proposed amendments back to the Conference for reconsideration. The procedure is set out but the National Assembly can only amend it by referring back to the Constitutional Conference. This, again, is to ensure that it is the people of Kenya who make all the significant input to the Constitution before it is submitted to referendum. Mr. Temporary Deputy Speaker, Sir, Part V deals with the issue of the referendum. Under Clause 25(i), the Electoral Commission of Kenya (ECK) is obligated within seven days of the publication of the Draft Constitution by the Attorney-General, to frame the question to be determined by the referendum and the Attorney-General shall lay the question before the National Assembly for its approval. Once the question is approved by the National Assembly, it will then be published by the ECK within seven days. It is also provided in Clause 25(3) that the question in the referendum will be answered with a \"Yes\" or \"No\" vote. The procedure of voting in the referendum is by secret ballot. It is up to the ECK to assign symbols. Remembering that the \"banana\" and \"orange\" symbols given in the last referendum have become symbols of political parties, I am sure the ECK will look for other symbols for the next referendum. It is also provided very clearly that in the referendum only one question will be answered. Mr. Temporary Deputy Speaker, Sir, there is also a specific provision arising from the debate that came during the last referendum. Clause 27 says that public funds shall not be used to finance partisan campaign activities of any referendum type. Note the word \"partisan\". It means legitimate dissemination of information for purposes of the referendum is not outlawed from public funding but partisan campaign is. Mr. Temporary Deputy Speaker, Sir, I would want to also say that Clause 33 indicates that the code of conduct that is applicable during national elections under the National Assembly and Presidential Elections Act shall apply to the conduct of the referendum and shall bind all the persons participating in the referendum. The ECK, as was in the previous referendum, is obligated to publish the results in the Kenya Gazette within two days of the referendum being held. If there is no petition challenging the results of the referendum within the time limit of making such a petition, then upon the expiry of that limit the results will be final."
}