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{
    "id": 9306,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/9306/?format=api",
    "text_counter": 370,
    "type": "speech",
    "speaker_name": "Mr. Abdikadir",
    "speaker_title": "",
    "speaker": {
        "id": 1,
        "legal_name": "Abdikadir Hussein Mohamed",
        "slug": "abdikadir-mohammed"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I wish to make the following remarks on behalf of the Constitutional Implementation Oversight Committee (CIOC). The amendments are purported to come under the section of the Constitution referred to as “amendment by parliamentary initiative.” That is very clear. It is amendment by Parliamentary Initiative. It is not an amendment by Ministerial Initiative. It is not an amendment by Executive Initiative. It is amendment by parliamentary initiative. It is very important why the Constitution says so. That is because part of our constitution-making history clearly demonstrates that amendments and constitution- making are not Government projects. They are not exercises for Executive authority. Legislation broadly is a legislative matter for the Legislature, but more importantly, amendments can only come by two ways; Parliamentary Initiative and by popular initiative. This is neither Parliamentary initiative nor popular initiative because the way Parliament does constitutional issues is also very clear. That is because the Constitution sets up a particular committee to handle matters of the Constitution and constitutional implementation. It does not set up a Cabinet Sub-committee. The Constitution could very easily have said: “We will set up a Cabinet sub-committee.” Let me read what the Constitution says:- “There shall be a select committee of the National Assembly to be known as the Constitutional Implementation Oversight Committee which shall be responsible for overseeing the implementation of this Constitution.” That is the first issue. This is not a parliamentary initiative. I know that there will be an issue about the fact that Members of Parliament will have their say. We will have our say in debating the matters but not in initiating. It is very clear that we have to have our say in initiating this process. Mr. Temporary Deputy Speaker, Sir, the second issue is that my colleagues are saying this amendment brings several amendments into one. No. These are more than 20 amendments in one day. That is absolutely unacceptable. We cannot have more than 20 amendments in one day. But worst of all, that will not be the end. If we take this through, we will require to amend the Constitution even further. Let me give you an example. Just yesterday, we swore in the IEBC. The term of the IEBC is six years, assuming that it starts from when they were sworn in. That ends in November, 2017. As the Constitution is now, that will be after the next general election - not this one of 2012 but the other one. If we were to carry these amendments, that will be a month before the elections are held. That will require us to again amend Section 250 to ensure that the term of the IEBC--- Let me read for Mr. Kimunya because he seems to be shaking his head."
}