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"content": "2 of 2015), which was sponsored by Hon. Peter Kaluma, MP, sought to amend the Constitution of Kenya to prohibit courts from interfering with matters which are active before Parliament, county assemblies and/or their committees. The two Bills were passed by the National Assembly on 1st October 2015 and 27th April 2016 respectively. Article 256(1) of the Constitution provides that – “A Bill to amend the Constitution- (d) 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.” My reading of this Article is that the Constitution does not envisage a mediation process in respect of a Bill to amend the Constitution. This decision of the Senate therefore brings to an end the life of these two Bills, as it implies that Parliament has declined to pass the Bills as required by Article 256 of the Constitution. The House and, indeed, the public is accordingly notified. I thank you."
}