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"speaker_name": "Mr. Ruto",
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"content": "Mr. Deputy Speaker, Sir, I am saying the committee has ten calendar days to present a report on the Bill to the House from the date of committal. In respect of a constitutional amendment Bill, Article 256(1) (c) of the Constitution requires that a Bill to amend the Constitution shall be called for the Second Reading only after the expiry of 90 days as at the date of the First Reading of the Bill. Mr. Deputy Speaker, Sir, the Constitution of Kenya (Amendment) Bill, 2011, that is dated 13th October 2011 that was published by the Minister for Justice, National Cohesion and Constitutional Affairs was read the first time on 23rd November 2011. I would like to know from the Leader of Government Business why the Bill has not been listed for the Second Reading even after the expiry of six months from the date of the First Reading and after the expenditure of substantial amounts of public resources on public consultation on the Bill. Two, if the Bill is the property of the House, why is it not being treated with the urgency it deserves and yet there is still substantial debate over the question of the election date? On the same lines, I would like direction from the Chair on the following: Can the Chair direct the House as to whether it will be possible to amend the Bill in the light of the provisions of Section 32 of the Sixth Schedule of the Constitution which by implication provides that Section 47(a) of the former Constitution is not saved? Mr. Deputy Speaker, Sir, we are all aware that Section 47(a) (4) of the former Constitution provided that a Bill to amend the Constitution cannot be amended but this provision does not exist in the new Constitution. Is there any provision in the current Constitution, Standing Orders or are we following traditions? Will you allow the House to decide whether any amendments can be made, save for the rule that it should not negate the intentions of the Bill? So, is there anything that bars the House from amending a Bill that seeks to amend the Constitution? This last part really requires direction from you. The first two parts are for the Leader of Government Business to give us direction. I must thank hon. Odhiambo-Mabona for putting on United Republic Party (URP) colours as she came to Parliament. Thank you."
}