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{
    "id": 723456,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/723456/?format=api",
    "text_counter": 42,
    "type": "speech",
    "speaker_name": "Sen. Kembi-Gitura",
    "speaker_title": "The Deputy Speaker",
    "speaker": {
        "id": 242,
        "legal_name": "James Kembi Gitura",
        "slug": "kembi-gitura"
    },
    "content": " Hon. Senators, I have a short communication to give on the disposal of the Constitution of Kenya (Amendment) Bill, Senate Bill No.16 of 2015. I believe that is the Bill by Sen. Sijeny. I hope she is listening because I do not want to come back to it. Hon. Senators, you will recall that on 28th December, 2016, during the Special Sitting of the Senate, this House voted on the Constitution of Kenya (Amendment) Bill, Senate Bill No.16 of 2015 by Sen. Sijeny, popularly known as the two-thirds gender Bill. Article 256(1)(d) provides that a Bill to amend the Constitution shall be 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 Members of that House. This then means that for the Bill by Sen. Sijeny to pass at Second Reading, it must be supported by at least 45 Senators. As you recall, the result of the division held on 28th December, 2016 was as follows: Ayes - 37, Noes - 6 and Abstentions - 3. From the result of the division, it was clear that the Bill did not attain the required threshold for it to pass Second Reading. Hon. Senators, Standing Order No.63 provides as follows and I quote:- “(1) In every instance where the Constitution lays down that a fixed number of Senators is necessary to support the moving of, or to decide any question on a Motion, any amendment Motion to such Motion shall not be passed unless supported by the fixed number of Senators required to pass the original Motion. (2) Notwithstanding paragraph (1), whenever a Bill or a Special Motion that requires a special majority in the Senate fails to obtain the required majority when the question on the Bill or the Motion is put and the vote results in a majority of “Ayes” but the “Noes” have not numbered at least one third of all the Senators, the Speaker may direct that a further vote be taken on the particular question and the further vote shall be taken within five sitting days from the day the first vote was taken. (3) If the Speaker does not direct a further vote under paragraph (2) or if on such further vote the fixed majority is not obtained, the Speaker shall declare that the Motion is negatived.” Hon. Senators, you further recall that the Speaker, while communicating the results of the division on the Bill, directed that pursuant to Standing Order No.63, a second opportunity will be afforded to this House to vote again on the Bill. As indicated in the timelines, we have sitting days to vote again on this matter. For avoidance of doubt, today is the third day. The fifth day shall be on Wednesday, 22nd February, 2017. If the Bill will not have been voted on by then, I will declare the Motion on Second Reading of the Bill negatived. I hope that this House is now guided accordingly. Thank you."
}