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{
    "id": 668188,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/668188/?format=api",
    "text_counter": 130,
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    "speaker": null,
    "content": "Hon. Senators, you may recall that on 15th June, 2016, the Motion for Second Reading of the Community Land Bill and the Land Laws (Amendment) Bill were both negatived by the House and the two Bills are therefore now a subject of mediation committees. Similarly, the Physical Planning Bill was read a First Time on 17th February, 2016 and is yet to be listed for Second Reading in the House for consideration. The Health Bill is now due for the Committee of the Whole. The half-day workshop has offered all of us an opportunity to put forward proposals on how the Senate shall proceed in the consideration of these important Bills realising that the extension was made for one year and the deadline is 27th August, 2016. There is no provision for another extension. The half-day workshop will be held at the Crown Plaza Hotel, Upper Hill, Nairobi starting at 8.00 a.m. in the morning. I urge you all to purpose to attend the workshop in order that we all contribute and shape up in the manner in which we proceed with this critical business as we go forward. I thank you. PROCEDURE FOR CONSIDERATION OF THE CONSTITUTIONAL OF KENYA (AMENDMENT) BILL Hon. Senators, the final Communication is on the procedure for consideration of the Constitution of Kenya (Amendment) Bill, Senate Bill No.16 of 2015). Hon. Senators, as you will recall, at the sitting of the Senate held on 10th February, 2016 the Constitution of Kenya (Amendment) Bill No.16 of 2015 which appeared as Order No.12 on the Order Paper of that day was called for Second Reading. Thereafter, the Motion for the Second Reading of the Bill was moved by the sponsor of the Bill, Sen. Sijeny who was seconded by Sen. (Prof.) Anyang’-Nyong’o. Hon. Senators, you will also recall that after the Motion was moved and seconded and subsequently proposed, the Senator for Kakamega County, Sen. (Dr.) Khalwale, rose on a point of order and sought the direction of the Chair as to whether the Bill was one that would require a referendum in terms of Article 255(1) of the Constitution. Article 255(1) provides that a proposed amendment to the Constitution shall be enacted in accordance with Article 256 or 257 of the Constitution and shall be approved in a referendum in accordance with Article 255(2) if it concerns any of the matters set out in paragraphs (a) to (j). Sen. (Dr.) Khalwale argued that the amendments proposed in the Bill extended to the sovereignty of the people as set out in Article 1(2) of the Constitution. Therefore, in accordance with Article 255(1)(c) of the Constitution, the Bill was one that required to be approved in a referendum. Sen. (Dr.) Khalwale stated that it was important that guidance be given by the Chair as to whether the Bill was one that fell within the ambit of Article 255(1) of the Constitution before further proceedings on the Bill. There were some interventions on this issue from various Senators including Sen. Nabwala, Sen. Muthama and Sen. (Dr.) Zani. In the end, the Chair observed that Sen. (Dr.) Khalwale raised a fundamental issue that would require determination before proceeding with the consideration of the Bill. From the deliberations, two issues arose for the direction of the Chair:- 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"
}