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{
    "id": 838532,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/838532/?format=api",
    "text_counter": 199,
    "type": "speech",
    "speaker_name": "Kiminini, FORD – K",
    "speaker_title": "Hon. (Dr.) Chris Wamalwa",
    "speaker": {
        "id": 1889,
        "legal_name": "Chrisantus Wamalwa Wakhungu",
        "slug": "chrisantus-wamalwa-wakhungu"
    },
    "content": " Thank you, Hon. Temporary Deputy Speaker. I beg to reply to this Bill which seeks to change the election dates from August to December. There is an issue that was raised about the referendum. Amending the Constitution of Kenya can only be done through a parliamentary initiative and a referendum. Article 101(1) of the Constitution states thus: “A general election of Members of Parliament shall be held on the second Tuesday in August in every fifth year” It does specify the month. So, when you move the elections from August to December, it is within the same fifth year and as such there is no referendum. We want to put that clear. Right now, people are focused on the 2022 election, be it for the presidency or whatever case. The interests are very high. However, the issue of referendum does not arise in this case. For your information, before such a Bill is allowed on the Floor of the House, Parliament has technocrats. It has the legal minds. Hon. Temporary Deputy Speaker, you are a lawyer and so is the Speaker of the National Assembly. You well know that there is scrutiny of Bills in this House. So, the legal minds in this Parliament cannot be said to be sleeping on the job for them to have given an approval for this Bill to come to the Floor of the House. It would be very disgusting if we looked down upon our legal minds. Parliament has clerks and legal officers who scrutinise the process. This Bill went through the Departmental Committee on Justice and Legal Affairs. The legal minds in that Committee have indicated that this Bill does not need a referendum. In line with Article 11 of the Constitution, it is clear that before any Bill comes to the Second Reading, it must have gone through public participation. Money was allocated to the Departmental Committee on Justice and Legal Affairs and it visited all the 47 counties. I am requesting Hon. Members who are debating without looking at the Report of the Committee to go through it. The Report is very clear. The KNUT, Law Society of Kenya (LSK), the Federation of Women 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."
}