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"content": "requires a referendum in terms of Article 255(1) of the Constitution before we proceed to Division of the Second Reading. Article 255(1) of the Constitution provides as follows:- “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; (d) the national values and principles of governance mentioned in Article 10 (2) (a) to (d); (e) the Bill of Rights; (f) the term of office of the President; (g) the independence of the Judiciary and the commissions and independent offices to which Chapter Fifteen applies; (h) the functions of Parliament; (i) the objects, principles and structure of devolved government; or (j) the provisions of this Chapter.” As hon. Members will observe, the Constitution of Kenya (Amendment) Bill (Senate Bill No.16 of 2015) seeks to amend Articles 81, 90, 97 and 98 of the Constitution. These are not matters that are listed in or fall within matters listed under Article 255(1) of the Constitution. Consequently, the Bill could not be one that requires approval by referendum in terms of Article 255(1) of the Constitution. With this guidance, hon. Members, we shall now proceed as indicated on the Order Paper. I thank you."
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