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{
    "id": 688141,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/688141/?format=api",
    "text_counter": 294,
    "type": "speech",
    "speaker_name": "Sen. Kembi-Gitura",
    "speaker_title": "The Deputy Speaker",
    "speaker": {
        "id": 242,
        "legal_name": "James Kembi Gitura",
        "slug": "kembi-gitura"
    },
    "content": " Before we go on, I have a short communication to make on Order No.8; the Constitution of Kenya (Amendment) Bill (Senate Bill No.16 of 2015). This is a Bill sponsored by Senator Judith Sijeny. As indicated in the Order Paper, the Bill is listed for Division of Second Reading. As the House proceeds to Division, it is important that I give guidance on two issues that are important on this matter. The first is on the manner on which the Senate is to vote on the Bill and, secondly, is whether the Bill is one that is subject to a referendum in terms of Article 255(1) of the Constitution. On the matter of how the Senate is to vote, the Amendment Bill proposed by Sen. Sijeny is an amendment to the Constitution by parliamentary initiative under Article 256 of the Constitution. Article 256(1)(d) provides that:- “A Bill to amend this Constitution shall have been passed by Parliament when each House of Parliament has passed the Bill, in both its second and third readings, by not less than two-thirds of all the members of that House.” The upshot of Article 256(1)(d) of the Constitution is that at both the Second and Third Reading of a Bill to amend the Constitution, the Bill would only have been passed by the Senate if two-thirds, that is, 45 Senators should vote in support of the Bill. The exact figure is 44.6 per cent which is rounded off to 45. On the question of whether the Bill requires a referendum, hon. Senators, you will recall that on 28th June, 2016, I ruled that and I will quote; “After the conclusion of the debate on the Bill and before the question for Second Reading of the Bill is put, in terms of Standing Order No.131(1) of the Senate Standing Orders, the Speaker shall make a ruling as to whether the Bill falls within the ambit of Article 255(1) of the Constitution and, therefore, whether it is one that will require ratification by the people of Kenya in a referendum.” It is, therefore, necessary that I make a ruling on whether the Bill is one that 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."
}