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{
    "id": 69941,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69941/?format=api",
    "text_counter": 269,
    "type": "speech",
    "speaker_name": "Dr. Khalwale",
    "speaker_title": "",
    "speaker": {
        "id": 170,
        "legal_name": "Bonny Khalwale",
        "slug": "bonny-khalwale"
    },
    "content": "On a point of order, Mr. Deputy Speaker, Sir. I could not agree with Mr. Mungatana more. I want to beg the Chair to rule that this debate should not proceed for two reasons. The first one is on the question of procedure. If you read the body of this Motion, you will find that it attempts to amend the Constitution of Kenya. Procedurally, if they wanted to amend the Constitution of Kenya, they should have brought a Constitutional (Amendment) Bill using the procedure provided. The second reason is that this Constitution of Kenya was brought and given by the Republic of Kenya, by the people of Kenya and the guiding principle was the doctrine of self determination. That principle of self determination, after we got Independence was stolen away from the people of Kenya when the Independence Constitution was adulterated. That correction has been made and Kenyans have now been given an opportunity for self determination through this book. Now, this Parliament wants to proceed and go against Article 2, Sub-section 1 which provides that no person or state organ can refuse to be bound by this Constitution. The House is a state organ. This Motion wants to ask Parliament to act unlike other state organs. Article 2, Sub-section 3 of the Constitution states that no state organ, Parliament included, are allowed to challenge the validity of this Constitution. Validly this Constitution says that general principles of basic international law are part of our laws. So, to attempt to challenge that is contravening the Constitution of Kenya. Unless we are a Parliament of a state like the one Mr. Kioni has talked about that was quoted by some Americans, whose Curriculum Vitae (CV) he did not bother to tell us, we do not want to be accused by our children that will come, and we have some, that we are dimwits. We would like the proper thing to be done and the proper procedure to be used. The Minister for Justice, National Cohesion and Constitutional Affairs should come here with the Constitutional (Amendment) Bill. The Constitution of Kenya should not be adulterated by a few special people who want to determine things on behalf of the rest of Kenyans."
}