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{
    "id": 289343,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/289343/?format=api",
    "text_counter": 203,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "This brings me to the second category of concerns raised by the hon. Mbadi and spoken to by other Members. This category relates to claims that specific proposed amendments are unconstitutional. Apart from the proposed amendments, which the Attorney-General has already withdrawn and to which I will make no further comment, hon. Mbadi draws specific attention to the amendments proposed to the Elections Act while Dr. Khalwale raised issue with the amendments proposed to the Industrial Court Act. In respect of the amendments to the Elections Act, after careful consideration, I do not find that I can agree with hon. Mbadi that these are unconstitutional. In fact, it is clear to me that the amendments seek to clarify the correct constitutional position in relation to by-elections which are held before the first general elections under the Constitution of Kenya, 2010. Some doubt has arisen and a lacuna appears to have been created after the passage of the Elections Act, 2011, which appear to bring such elections under the ambit of the new Constitution while the Constitution itself is clear at Sections 2, 3 and 7 of the Sixth Schedule that the applicable law should be the former Constitution and the law applicable before the passage of the Constitution of Kenya, 2010. The amendments are proposed to a Statute and not the Constitution. It is important to note that, that the amendments which are in the Statute Law (Miscellaneous Amendments) Bill are to a statute; the Elections Act and not to the Constitution. If they were to the constitution, then you will require a constitutional amendment. But because they are to a statute, you can amend through another statute. Hon. Mungatana will be useful to some of you who are around him. The amendments are proposed to the Statute and not to the Constitution. Although this should ideally be explained by the Mover of the Bill at Second Reading and in the Committee Stage, the Chair notes that the amendments seek to remove the anomalies and clarify the correct constitutional position and they are, therefore, not unconstitutional."
}