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"content": "the Constitution âas it is supposed to beâ. As you deal with this issue, hon. Speaker, you should be guided by the Constitution as it is and not the Constitution âas it is supposed to beâ. Talking about the Constitution âas it is supposed to beâ would be expressing the wishes of the Senate. I would like you to take note, hon. Speaker that, some of the Senators who are pushing for the Senate to be regarded superior were Members of the National Assembly. They actually participated in the debate that led to the passage of the Constitution. For them to now appear not to be part of the process of the constitutional review is, in my view, hypocritical. As a person who has been in the legal profession for several years, you know this country well. This House will rise to the occasion so that we begin to ensure that our Constitution is protected. Members of the National Assembly and the Senate swore to protect the Constitution. That is a very important issue. Hon. Speaker, Sir, I was an Assistant Minister in the Ministry of Justice, National Cohesion and Constitutional Affairs when the Constitution was adopted. There was a proposal to make the Senate superior to the National Assembly. All Kenyans must know, as the Senators know, that the proposal was rejected by Kenyans. It would, therefore, be unconstitutional for us to bring it back through the backdoor. In any case, the only way the Senate can have a way is by subjecting this document to a referendum where the same Kenyans who passed it in 2010 shall participate. We will be happy when you give your ruling so that you arrest this particular debate which has shown us what Kenyans agreed upon when they passed the Constitution. Hon. Speaker, Sir, I would urge that you make a ruling to the effect that this House--- I want to agree with my colleagues that this is the senior House because it has the will of Kenyans."
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