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{
    "id": 835417,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/835417/?format=api",
    "text_counter": 135,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "As you would recall, last week on Wednesday 3rd October 2018, the House concluded debate on the Second Reading of the Constitution of Kenya (Amendment) Bill (No. 2), (National Assembly Bill No. 5 of 2018) moved by the Hon. Member for Kiminini Constituency, the Hon. Chrisantus Wamalwa. During the debate, the Mover requested the Speaker to delay putting the Question for Second Reading under Standing Order 53(3) until such time when not less than 233 Members, being two-thirds of all the Members of the National Assembly, will be available as required under Article 256(1)(d) of the Constitution. Indeed, the provisions of Article 256(1)(d) of the Constitution provide that a Bill to amend the Constitution shall be passed by the House if it is supported by not less than two-thirds of all the Members of that House at the Second and Third Readings. In the request, the Member seemed to vest the obligation of availing the Members required to vote on the Speaker. Further, during the sitting, the Hon. Chrisantus Wamalwa claimed that the Speaker had already determined that the particular Bill does not require to be approved by a referendum in terms of Article 255 of the Constitution. As you are aware, the Bill by Hon. Wamalwa seeks to amend the Constitution to change the election date from second Tuesday in August in every fifth year to Monday in December of every fifth year. During debate on the Bill, some Members expressed concern that the Bill requires approval by a referendum as changing the election date from August to December would in effect also touch on the term of office of the President in terms of extending the term of that office. Article 256 of the Constitution prescribes the procedure for considering Bills to amend the Constitution by parliamentary initiative. In particular, Article 256(5) of the Constitution provides that if a Bill to amend the Constitution proposes an amendment relating to a matter specified in Article 255(1) of the Constitution, the President shall, before assenting to the Bill, request the Independent Electoral and Boundaries Commission (IEBC) to conduct, within ninety days, a national referendum for approval of the Bill. In this regard, from a plain reading of Article 256(5) of the Constitution, it is clear that the responsibility of determining whether a Bill to amend the Constitution requires approval by a referendum or not does not lie with the Speaker of the National Assembly or, indeed, this House. The role of the Houses of Parliament is to exercise their legislative authority in terms of passing a Bill to amend the Constitution. Once passed in both Houses and forwarded to the President for assent, it is upon the presidency to determine whether such a Bill relates to matters under Article 255. Therefore, contrary to the claim by the Member for Kiminini, neither the Speaker nor the Office of the Clerk have the powers to determine whether a Bill requires approval by a referendum or not. This falls within the jurisdiction and powers of the President in terms of Article 256(5)(a) of the Constitution. To interpret the provisions otherwise would be contrary to the provisions of Article 256 of the Constitution. It is analogous and tantamount to putting the hat of the President on the person of Speaker. In view of the above and following the request by Hon. Chris Wamalwa to delay putting of the Question for Second Reading, I wish to guide as follows: That, the obligation to ensure that any Bill obtains the requisite voting threshold lies squarely with the Mover of the Bill. Additionally, the Hon. Member needs to be conscious of the dictates of Standing Order No. 141 on lapsing of Bills that may be occasioned by inordinate delay in putting of the Question for Second Reading. In this regard, I wish to notify the Member and the House that the Question for Second Reading of that particular Bill shall be put on Wednesday 17th October 2018 during the afternoon sitting; The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}