There was drama in Parliament on Thursday during debate on the Constitution Amendment Bill, 2020, after MP Otiende Amollo (Rarieda) told Minority Leader John Mbadi to slow down on his comments as he had not been to law school.
Otiende, who was on the floor, sharply differed with Mbadi’s views on whether a proposed constitutional amendment can be described as unconstitutional.
“John Mbadi you have not stepped in law school,” Otiende said when Mbadi tried to intervene.
Mbadi had on Wednesday argued that an amendment cannot be unconstitutional especially coming from a popular initiative.
“How can a proposed amendment to the Constitution be unconstitutional?” Mbadi posed during the debate on Wednesday.
On Thursday, Otiende who is the Vice Chair of the Justice and Legal Affairs Committee fired at Mbadi insisting that an amendment can indeed be unconstitutional.
“As a matter of law, a constitutional amendment can be unconstitutional if it does not follow the process in the constitution before it is amended,” Otiende said.
“If we decide – in an amendment – that the President of this country will rotate in only one community, it is unconstitutional.”
The Rarieda MP also clarified that the Committee did not propose amendments to the Bill but instead made observations which he called on the House to consider.