{"id":583880,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/583880/?format=json","text_counter":239,"type":"speech","speaker_name":"September 23rd, 2015 SENATE DEBATES 22 Sen. Wako","speaker_title":"","speaker":null,"content":"Mr. Speaker, Sir, the right to petition is under the Constitution. However, I believe that it should only be exercised if there is no other way which that person can use under the Constitution. In the case where the petitioner wants to amend the Constitution, he has a right to do so but he should be asked to undertake that exercise independently and not necessarily take the time of the Senate to help him to do so. What the petitioner has requested for obviously involves an amendment to the Constitution and in as much as it requires changing the structure of devolution by reducing the number of counties, the Constitution is very clear and I will not go into many sections on that. Such an amendment of the Constitution falls under Article 255. Therefore, it has to be by referendum at the end of the day. An amendment by referendum regarding how it is initiated and done by the National Assembly and the Senate is in the Constitution. The Constitution has gone further to say that the initiative to amend the Constitution cannot just be vested in the Legislature alone. It has gone further and provided for the popular initiative. Any citizen of this country who wants to amend the Constitution can do so by marshalling the necessary numbers and using the procedure set out under Article 257 - amendment by popular initiative. He can use that method and go ahead to ensure that he gets the requisite number of signatures for that initiative and the necessary approvals by the county assemblies and the Senate. That is when he now comes to us. He comes to us after he has carried out those steps which are clearly set out under Article 257 of the Constitution. That is when now the Senate can become legitimately engaged in that amendment. I do not know whether we should automatically refer this matter to some committee to deal with it and advise us or this matter is so clear-cut. Can you exercise your own discretion, in which you have a right under the Constitution to do, to order that we follow that procedure and in due course, at the preliminary stages the Senate will now become engaged? I also know that you are very democratic and want every person to be heard. Maybe it is a matter that should automatically go to the committee, to come up with what we know. We will then deal with it that way. I stand to be guided."}