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{
    "id": 846401,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/846401/?format=api",
    "text_counter": 307,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Thank you, Hon. Speaker. I stand to contribute to this Bill. This is the same Bill that Hon. David Ochieng’ proposed in this House in the 11th Parliament. Hon. Wamalwa seeks to amend Articles 101 (1), 136 (2) (a), 177 (1) (a) and 180 (1) of the Constitution of Kenya relating to all those offices. This is because we must deal with the election of the President, MCAs, governors and MPs. All these are inter-related. You cannot say that a constitutional amendment Bill is unconstitutional. I need to raise a number of issues regarding this Bill. The House should note that this Bill has been introduced in the House pursuant to Article 256 of the Constitution, which is amendment by parliamentary initiative. That is how it has found itself on the Floor of the House today. You can amend the Constitution of Kenya either through a parliamentary initiative or through a referendum. This Bill has been scheduled for Second Reading today, Wednesday 29th August 2018, during the Morning Session. For this Bill to pass, it requires to garner the support of not less than two-thirds of the Members in both the National Assembly and the Senate, pursuant to Article 256 (1) (d) of the Constitution. If passed by the two Houses as contemplated in that Article 256 (1) (d) of the Constitution, the implication of this Bill shall be to extend the term of office of both the President and Parliament. That is the intent and purpose. Pursuant to Article 255 (1) (f) of the Constitution, any Bill to amend the Constitution whose end result is to extend the term of the President must be subjected to a referendum for approval. This is the issue that I must raise. In essence, this Bill is extending the term of the President and if you want to extend the term of the President, you must subject it to a referendum. That power only lies with the people of Kenya. It does not lie with this House. What am I trying to say? Coming from a background of a pastoralist, before we shift our homesteads, we go out and make sure there is water and pasture and that the place is free of animal diseases. I am just trying to tell Hon. Wamalwa that the road ahead is very bumpy and expensive. What you are trying to do, Hon. Wamalwa, is not a walk in the park or a birthday party. It is good that you prepare yourself. This is because Article 255 (1) (f) of the Constitution, which I have just read, says that an amendment whose end result is to extend the term of the President must be subjected to a referendum for the people of Kenya to have their say. So, in view of the above, the passage of this Bill shall have cost implications given the need for a referendum required for its approval. Even when it is passed with that threshold in both Houses, it is the President to set the ball rolling for a referendum. I am sure as the Leader of the Majority Party, being a very good friend of Hon. Wamalwa, I am ready to lobby and make 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."
}