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{
    "id": 8839,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/8839/?format=api",
    "text_counter": 408,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "Therefore, in making this presentation, it is essential as I said from the beginning, to appreciate that the mere fact that these are different provisions in the Constitution, but all of them deal with elections. The mere fact that I have been trying to be neat and organized as usual to bring them together, so that the theme is continuous. If you strike one down, you will have to be ready for the consequences because one, we automatically mean that the Parliament and the Senate will have gender parity. We also mean that we are addressing the issue of those first elections to make sure that they are in order and it is essential. Mr. Speaker, Sir, can I remind the House, because I was with you, Sir, a distinguished lawyer and many others in here, that in 2007, we spoke loudly and called on the Government to ensure that in replacing the new Commissioners in the Electoral Commission consultations are held. We were ignored. The consequences are extremely severe. We lost lives and ended up with IDPs. We are in a similar situation now. I am recommending to this beautiful country that you consider this Bill very soberly and not to look at issues that might appear to be extraneous and not to think that I want to extend the term of office of Dr. Khalwale. May I now tell you something else; if you look at Chapter 16 of the Constitution, which starts with Article 255, you begin to realize again, the quality work that was done by the Committee of Experts and the Kenyan people in giving themselves this Constitution. You notice that although Chapters 7 and 8 are suspended, Chapter 16, which is amendment of this Constitution is now in force. It is not suspended. So, once I point out that, it is essential that you bear in mind that your ruling one way or another is historic. It is the first attempt ever. If the issue is just because of omnibus, I am calling upon you to rise to history to recognize that Chapter 16 is in force and Article 256 provides for amendment by Parliamentary initiative. In fact, as I stand here since this debate has erupted, nobody in Kenya has accused M. Kilonzo or the Cabinet of proposing to violate Article 256. I will go further and take you again to page 193. I have been taken through – and I listen to everybody - a lot of assertions and I do not want to call them allegations because I respect the hon. Members. I sincerely share some of the concerns they have expressed. But if you look at Section 3 at page 193, you will begin to see another thing that we gave to ourselves, again, in order to give us the facilities for dealing with 2012 elections. This is the extension of application of provisions of the former Constitution. If you look at Sub-section 2, you know very well that the powers of this Parliament were always contained in Sections 30 to 40 and 43 to 46. In fact, Section 30 is the one which gave legislative authority to this Parliament. Section 46 of the retired Constitution is the one which says that:- “Subject to this Constitution, the legislative power of Parliament shall be exercisable by Bills passed by the National Assembly”."
}