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{
    "id": 411493,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/411493/?format=api",
    "text_counter": 153,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "Thank you very much, hon. Speaker. It is really humbling that at least you indulged me on this particular one and I appreciate it. I would like to rise to request you to make a ruling with regard to constitutional issues arising out of the order we are just about to embark on. I really appreciate the fact that you gave one of the hon. Members a chance to address the House and it was really nice to see both sides of the House move towards achieving consensus on issues of national building and in terms of legislation. Hon. Speaker, I would like to laud very much my very good honourable friend, hon. Metito for actually explaining to the hon. Members the procedures and matters that would proceed should we as a House, for example, pass the Presidential Memorandum. Hon. Speaker, I would request your ruling with regard to Article 115 of the Constitution. I would like to know the meaning of the word “reservation” in Article 115(b) of the Constitution. Does the word “reservation” in the Constitution mean recommendation or what does it specifically mean? Hon. Speaker, the other thing I would like your ruling on is what the word “amendment” in light of the president’s reservation means. Hon. Speaker, the other thing I would like your ruling and direction on is, if the amendment in light of the president’s reservation is the spirit of the president’s amendment, does it then mean that we do require two-thirds majority to vote against that particular amendment? Be that as it may and of course yesterday, you did properly speak to it. You said that this House being a House of rules and a House of procedure has already, for example, given credence to presidential amendments and they have precedents towards that extent and that our president’s reservation might, for example, mean passing an amendment in the manner that the President has proposed. I would then request if it is possible that, that particular precedent be overturned. Hon. Speaker, you and I know very well that there are moments when precedents have been overturned and you know very well the case that gave rise to civil liberties and the 14th amendment of the American Constitution, in the case of Plessey versus Ferguson’s decision. So, then it is possible even if at all there was precedent that was created within the meaning of “president’s reservation” and “presidential memorandum”. It is then possible for this House to overturn that particular precedent. Hon. Speaker, this is what I would request you to rule on before we really embark on the next Order. I appreciate very much what hon. Metito said, that even though we will proceed and pass the amendment in the manner that hon. Duale would appreciate and love very much, it is possible as a House that we will get back to this particular Bill and Act and amend it in a manner that is friendly to the whole country. I would like the Members of the other side to appreciate that in issues like these, of civil liberties and of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}