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{
    "id": 7249,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/7249/?format=api",
    "text_counter": 410,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "1. On whether or not the processes for the development and introduction of the Bill complied with Article 256 of the Constitution, which provides for amendment by parliamentary initiative, a reading of Article 256 together with sections 2 and 3 of the Sixth Schedule to the Constitution indicates that in this period of transition from the former to the new Constitution, a Cabinet Minister may initiate and publish a Bill seeking to amend the Constitution by parliamentary initiative under Article 256 or any other Bill for that matter. I, therefore, find no bar to the Minister for Justice, National Cohesion and Constitutional Affairs initiating and publishing a Bill to amend the Constitution, and I rule accordingly. 2. On whether or not there was sufficient consultation with the public and with stakeholders, including the Constitutional Implementation Oversight Committee (CIOC), prior to and following the publication of the Bill, hon Members, it would be hoped that whenever there is a proposal to amend the Constitution, there would be efforts to build consensus prior to and following the publication of the Bill, and to educate the public on such proposals so as to ensure that the people of Kenya, who are the owners and custodians of the Constitution, are empowered to make an informed choice on any such proposal. In this particular instance, a number of Members, including the chairperson of the CIOC, have voiced concern on the level of public participation prior to and after the publication of the Bill to amend the Constitution. Members argued that consensus was not adequately built prior to the publication of the Bill and that the public was not informed and educated on the contents of the Bill. These are concerns that I would hope the Minister would take time to critically reflect on. I do not, however, find the Minister to be in breach of any constitutional prerequisites to the publication of this Bill."
}