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"id": 1537692,
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"type": "speech",
"speaker_name": "Sen. Omogeni",
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"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
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"content": "Thank you, Mr. Speaker, Sir, for allowing me to also contribute to this Motion that supports full implementation of the NADCO Report. While contributing, once again, I want to thank my colleagues who gave me the privilege to serve as a Member of the NADCO team. I was sent a video from Nyamira showing that I visited the State House today in the company of the former Vice President, Hon. Kalonzo Musyoka. However, that is a video that was captured when we presented the National Dialogue Committee (NADCO) Report to His Excellency the President, sometimes last year. So, I would like to assure the people of Nyamira County that I was not privileged to visit the State House today in the company of Kalonzo Musyoka, but I was indeed in State House when we presented the NADCO Report to His Excellency the President."
},
{
"id": 1537693,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1537693/?format=api",
"text_counter": 191,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "[The Speaker (Hon. Kingi) left the Chair]"
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"text_counter": 192,
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"speaker_name": "",
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"speaker": null,
"content": "[The Temporary Speaker (Sen. Wakili Sigei) in the Chair]"
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"text_counter": 193,
"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": {
"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
"slug": "erick-okongo-mogeni"
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"content": "Mr. Temporary Speaker, Sir, secondly, if you permit me, I would like to inform my good friend Sen. (Dr.) Khalwale that the comment he has made, that there are Clauses in our Constitution that cannot be amended, is not true. The basic structure principle in the Constitution was developed in 1973 by the Supreme Court of India. When the Supreme Court made a finding to the effect that in view of the provisions of Article 368 of the Indian Constitution, there are clauses in the Indian Constitution that cannot be amended by Parliament because they form the basic structure of the democracy of the great Republic of India. This includes that you cannot bring an amendment to interfere with the concept of rule of law, or you cannot bring an amendment to the Indian Constitution that will water down the principle of separation of powers or you cannot bring an amendment as Parliament in India to water down the principle of India being a democratic state. However, in the case of our country Kenya, when this matter went to the Supreme Court and an argument was made that there are Articles in the Constitution that are protected and cannot be touched or amended, that can fit in into that principle of basic structure in our Constitution, the Supreme Court of Kenya overruled that argument and stated that we do not have an Article in our Constitution that is mirrored in the line of the words of Article 368 of the Indian Constitution. So, Sen. (Dr.) Khalwale, the finding of the Supreme Court is that any Article in our Kenyan Constitution can be amended. The only caveat is to look at what is in Articles 255 and 256 and see what can be amended by Parliament without subjecting that amendment to the referendum, or the Clauses that are protected in our Constitution that can never be amended without subjecting that amendment to a referendum. So, those clauses are protected and they cannot have any effect of law unless they go through the referendum. Mr. Temporary Speaker, Sir---"
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"id": 1537696,
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"text_counter": 194,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Sen. Boni, what is your point of order? The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
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"id": 1537697,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1537697/?format=api",
"text_counter": 195,
"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
"speaker_title": "",
"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
"slug": "bonny-khalwale"
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"content": "Thank you, Mr. Temporary Speaker, Sir. I rise under Standing Order No.105, not to interrupt the distinguished Senator, but to briefly point out that, this is a learning process for me and maybe quite a number of Kenyans. I, therefore, would like you to just use facts to inform me, supposing you moved either under Articles 255 or 254 and told Kenyans that I am giving you a referendum question or Parliament is attempting to amend the Constitution, so as to move Kenya from a multi-party democracy to a monarchy, would that still be constitutional?"
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"id": 1537698,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1537698/?format=api",
"text_counter": 196,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " What is your point of order, Sen. Boni?"
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"id": 1537699,
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"text_counter": 197,
"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
"speaker_title": "",
"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
"slug": "bonny-khalwale"
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"content": "The facts. I want the facts."
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"id": 1537700,
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"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Indeed, that is actually a question, which you ought to have possibly asked the hon. Senator Omogeni to clarify by giving you established facts as to whether Articles 255 and 256 would require a referendum, which I think he was ably doing."
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"id": 1537701,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1537701/?format=api",
"text_counter": 199,
"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
"speaker_title": "",
"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
"slug": "bonny-khalwale"
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"content": "Thank you, Mr. Temporary Speaker, Sir. I beg that you do not throw me out. I was being clever to see if I could get slightly more. Do not throw me out. I want to hear more from him."
}
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}