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{
    "id": 9291,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/9291/?format=api",
    "text_counter": 355,
    "type": "speech",
    "speaker_name": "Mr. Imanyara",
    "speaker_title": "",
    "speaker": {
        "id": 22,
        "legal_name": "Gitobu Imanyara",
        "slug": "gitobu-imanyara"
    },
    "content": "Had the Cabinet intended to bring the people of Kenya to participate in whether or not we require this amendment Bill, they would have come by way of a Sessional Paper, as we have always done in the history of this House. Whenever the Government intends to introduce legislation that has the input of the people of Kenya, it comes in the form of a Sessional Paper. Mr. Temporary Deputy Speaker, Sir, it is common knowledge that what is now being brought here is a product of a sub-Committee and a Cabinet decision. What we have in Kenya today is not a Government of the Cabinet or Government of the Executive or Government of the Judiciary. It is a Constitution of the people. If I may refer to the Preamble of the Constitution, it begins with “We, the people---“ Therefore, to the extent that any attempt to introduce an amendment to the Constitution is not brought under the concept of the people’s participation, then it does not comply with Standing Order No.47 and, therefore, it is inadmissible and ought to be rejected. Mr. Temporary Deputy Speaker, Sir, I want to, further, state that in the event that you are not satisfied, or you are not persuaded by that argument, this House has developed certain principles, traditions and usages in over 40 years of Independence that govern the procedures in this House. We are fortunate enough in that respect in that none other than the Clerk of the National Assembly has published a book entitled TheSpeaker’s Rulings . In that book, Mr. Gichohi, who is also the Clerk of the National Assembly, has examined every single constitutional amendment from 1964 to date and in none of them has more than one topic for constitutional amendment been brought to the House in one constitutional amendment Bill. This is the first time that an attempt is being made to bring to this House a Bill incorporating three subjects under one constitutional head. This is contrary to the usages and traditions of this House. Therefore, under Standing Order No.1, which provides that when Mr. Speaker is not faced with any specific provision, then Mr. Speaker’s decision must be based on the usages, forms, precedents, customs, procedures and traditions of the National Assembly. Mr. Temporary Deputy Speaker, Sir, I have reproduced all the constitutional amendments as contained in this book, from 1963 to 2009 and you will notice that not in any one of them has there been more than one amendment brought in the same constitutional amendment Bill. Therefore, to that extent also, it is inadmissible. It is violating the principles that have governed the procedures of this House since we attained Independence. This is institutional memory that is available, and which you can call upon. It is from your own Clerk of the National Assembly; it his book which is on TheSpeaker’s Rulings – 1963 to 2008."
}