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{
    "id": 858336,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/858336/?format=api",
    "text_counter": 368,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "This is why I said, we need to deal with all preliminary issues in good time so that we have debate. This is why I have this book which is the Speaker’s Considered Rulings and Guidelines -2013 to 2017 . The issue being raised by Hon. Didmus Barasa is one that I had to address this House on 20th August, 2015. The ruling was on whether a Bill to amend the Constitution may be amended by the House. I do need to read the entire ruling. Those of you who would recall, there was a Bill moved by the then Member for Ugenya. In that ruling inter alia, I said the following for avoidance of doubt: “Hon. Members, you will note that the preamble to our Constitution highlights that the people of Kenya adopted, enacted and gave themselves and future generations of the Republic this Constitution.” The sanctity of the Constitution is a social contract between the people of Kenya and not a document belonging to the Houses of Parliament, nor any other organ for that matter. It is therefore to be jealously safeguarded at every time. Any process of its amendment is delicate and can only be undertaken with reference to a definite procedure that deviates from the ordinary procedures. Hon. Members, while Parliament has been given the power to amend the Constitution, we should be mindful that the Constitution belongs to the people of the Republic. Treating the process of the amendment as akin to an ordinary legislation will not subvert the collective will of the people. In this regard, it is expected that any person intending to amend the Constitution must be very clear and precise on what he or she is intending to alter but not to change mind while in the process.” I indicated therefore, that where the procedure to amend the Constitution is similar to the procedure provided for in dealing with any other legislation, there would be conflict. A clear area of conflict would be, suppose one House was to pass the Bill in a particular form and the other House does not agree, there would be a deadlock leading to a cul-de-sac because the Bill would then be lost through processes. Therefore, the process of amending the Constitution cannot be similar to that provided for in dealing with ordinary legislation. I would want to commend this ruling to Hon. Barasa, while noting that I will therefore not allow any purported amendment to this Constitution of Kenya (Amendment) Bill. Hon. Members, those others who may have been desirous of proposing amendments to this Bill should be accordingly guided. So, we will continue with this Bill as it is and that is why a Bill to amend the Constitution has to be published for a minimum of 90 days. It is so that everybody can know what is being proposed. It cannot be therefore that we will come here with same amendments which we have not subjected to a similar period of publication. Ordinary legislation does not go through such a similar process. In keeping with the practise obtained in many other jurisdictions it would put us as a House of Parliament in a very unique and unusual position within the Continent of Africa and several other parts of the world. Therefore, Hon. Barasa if you want to address the issue of that process of nominating those people you are calling top-ups, I think you should be prepared to address it either on a stand alone law, which will be implementing what will have been passed, through the Political Parties Act, the Elections Act or any other Act to address your fears about the second or third wives, as you addressed them. 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."
}