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"speaker_name": "Mr. Speaker",
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"content": "Although the issue was not raised, I consider it opportune to mention another important aspect of the constitutional amendment process provided for in the Constitution, in departure from that in the former Constitution. The hon. Mutula Kilonzo, the Minister for Justice, National Cohesion and Constitutional Affairs, made a most important point in the course of his response to the points of order raised. The point, which bears repeating, was that the language, philosophy and precedents on the amendment of the former Constitution and, indeed, the entire architecture of the former Constitution cannot be used for interpreting the amendment process in the Constitution of Kenya, 2010. The Standing Orders, too, insofar as they are oriented to the former constitutional dispensation would similarly not provide the requisite guidance on this score. Hon. Members, it must always be remembered that in many respects, the new Constitution is and was intended to be a departure from the former Constitution. Hon. Members may want to reflect on the import of this vis-à-vis the 90-day window provided for in the Constitution before the Second Reading of a Constitutional (Amendment) Bill. A large proportion of the points of order prosecuted by the hon. Members go to the merits and demerits of the substance of the Bill, and appear appropriate as arguments to be made at the Second Reading of the Bill. Hon. Members, the final matter requiring my determination is, therefore, whether the Constitution of Kenya (Amendment) Bill, 2011 (Bill No.56 of 2011) published in the Kenya Gazette Supplement as Supplement No.141, dated 19th October 2011, is admissible for the First Reading. For all the reasons I have given, I find and rule that the said Constitution of Kenya (Amendment) Bill, 2011 is, indeed, admissible for First Reading, and I direct that the Bill be listed in the Order Paper for First Reading, tomorrow, Wednesday, 23rd November, 2011 at 2.30 p.m. I thank you."
}