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{
    "id": 576182,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/576182/?format=api",
    "text_counter": 57,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "I would like to raise a very important issue here. This Amendment Bill is a Constitutional Amendment. The Constitution is very clear on how a Constitutional Amendment Bill will be amended under Article 256. It states that:- 1. A Bill to amend this Constitution- (a) may be introduced in either House of Parliament; (b) may not address any other matter apart from consequential amendments to legislation arising from the Bill; (c) shall not be called for second reading in either House within ninety days after the first reading of the Bill in that House; and (d) shall have been passed by Parliament when each House of Parliament has passed the Bill, in both its Second and third readings, by not less than two-thirds of all the Members of that House.” This Constitution is silent on whether a Constitutional Amendment Bill can be amended. The Constitution that we had up to 2010 had a very express provision that a Constitutional Amendment Bill cannot be amended. Therefore, I am seeking your ruling because we would like to make some proposals with respect to amend this Bill. We are seeking your ruling with regard to this matter as to whether a Constitutional Amendment Bill that has gone through the First and Second Readings after 90 days can be amended in the Third Reading like any other legislation. The Constitution, as it is, does not expressly bar an amendment to the constitutional amendment Bill. We are seeking your ruling because we have other Bills that are coming. We have The Gender Bill and the Bill by Hon. Kaluma. We also have proposals to amend these Bills. The Constitution does not prohibit Members of Parliament from amending a constitutional amendment Bill in its Third Reading. In the old Constitution, it was clearly stated that an amendment Bill, which has gone through the First Reading, the Second Reading and is in the Third Reading must be passed in the form in which it has been brought to the House. It is either rejected or passed in that form. Therefore, I am seeking an interpretation of this particular part of the Constitution. We need your ruling. I am seeking that you address yourself to this matter now or you can give your considered ruling."
}