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{
    "id": 618052,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/618052/?format=api",
    "text_counter": 240,
    "type": "speech",
    "speaker_name": "February 10, 2016 SENATE DEBATES 24 Sen. (Dr.) Khalwale",
    "speaker_title": "",
    "speaker": null,
    "content": "On a point of order Mr. Deputy Speaker, Sir. Now that this Bill has been properly moved and seconded, may I request the Chair to guide the House in view of the provisions of Article 1 and that of Article 255 of the Constitution, this is not a matter for amendment of the Constitution that will require that the people of Kenya make a decision through a referendum. Mr. Deputy Speaker, Sir, looking at Article 255 (1), it provides that:- “A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters— (a) the supremacy of this Constitution; (b) the territory of Kenya; (c) the sovereignty of the people;…” Article 1 defines what the sovereignty of the people is. Closely connected to my concern is that in Article 1(2) it provides that:- “The people may exercise their sovereign power either directly or through their democratically elected representatives.” This is exactly what this Bill is about. It is speaking to the representatives of the people. Since we are amending, the manner in which the people will be represented, there should be guidance whether this is not a matter to which Kenyans must be invited to make a comment as to the acceptability or otherwise of the proposed amendments. Thank you."
}