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{
    "id": 842677,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/842677/?format=api",
    "text_counter": 38,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Indeed, far from the claim by the Member for Mathare, the practice in Kenya is, however, quite different as evidenced by Article 115 of the Constitution and, for those who mind the history of this Article, Section 46 of the repealed Constitution. Both provisions do allow a President to refer a Bill back to the legislature with reservations. Similarly, both provisions allow the legislature to amend a Bill to accommodate the reservations of the President, therefore, leading to the conclusion that a President may refer a Bill back to the National Assembly with reservation on all or specific clauses of a Bill. The only departure between the two provisions, as I noted in the Communication delivered on 28th July 2015 was that, whereas Section 46 of the repealed Constitution contains express provisions empowering the President to return a Bill back to the National Assembly by submitting a memorandum to the Speaker indicating the specific provisions of the Bill, which in his opinion should be reconsidered by the National Assembly including his recommendation for amendments, Article 115 of the current Constitution omits this express requirement for submission of recommendations. In that Communication, I did indeed direct that despite the lack of an express provision in Article 115 requiring the President to submit his recommendations on a Bill, the Constitution does not prohibit this practice either, in line with the cardinal principle of interpretation of law that whatever is not prohibited by the Constitution or any law is presumed to be allowed."
}