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"speaker_name": "Sen. Orengo",
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"content": "On a Point of Order, Mr. Chairman, Sir. My matter relates to Order Nos.8 and 9, but I will stick to Order No. 8. With utmost humility, looking at the Memorandum from the President of the Republic of Kenya and the proposed amendments, I find the proposition that the Memorandum which has been received in the House and subject to Order No.8 is unconstitutional. The language used by the President in this Memorandum is the language of the former Constitution and not the current Constitution. The distinction is that under Section 30 of the old Constitution the President was part and parcel of Parliament. In fact, the President was the first component of the Parliament by virtue of Section 30. Parliament of Kenya consisted of the President and the National Assembly. The President was throughout an active Member of Parliament. However, the current Constitution providing for complete separation of powers, forbids the President without the authority of Parliament from being a legislator. It is important that we look at this carefully. I am doing this with utmost humility. Mr. Chairman, Sir, I have taken the liberty to bring along a copy of the old Constitution. Where the President refuses to assent to a Bill under the old Constitution, Section 46(2) reads as follows:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}