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Senators Enoch Wambua (Kitui), Irungu Kangata (Murang’a) and Samson Cherargei (Nandi) have sought the speaker’s nod to introduce the amendments.
“I hold the view that Parliament can’t be gagged when it comes to a constitutional amendment Bill. We can’t declare sections of the Bill unconstitutional and still go ahead to pass on the same unconstitutionality to the people. Why did they elect us?” Wambua, an ally of Wiper leader Kalonzo Musyoka, posed.
Last Thursday, members of the National Assembly passed the bill with an overwhelming majority after speaker Justin Muturi earlier ruled out any possibility of parliament amending the bill.
During the debate on the floor that enters its third week today, several other senators, including allies of the ‘Handshake’ partners demanded to change the document arguing that Parliament’s role cannot be ceremonial.
They are Moses Wetangula (Bungoma), George Khaniri (Vihiga), Petronilla Were (nominated), Kipchumba Murkomen (Elgeyo Marakwet), (Aaron Cheruiyot (Kericho), Mithika Linturi (Meru) and Kithure Kindiki (Tharaka Nithi).
Senators James Orengo and Okongo Omogeni who co-chaired joint parliamentary team that scrutinised the document, picked several holes terming some unconstitutional.
Orengo, Wetangula and Omogeni have questioned the criteria used to allocate the proposed additional 70 constituencies.
“I want to urge the (Justice and Legal Affairs) committee we expect in committee stage to see you bring amendments to this bill. And let nobody frighten you that you can’t amend. You can amend,” Wetangula said during the debate last week.
The trio said most regions, including Odinga’s political bedrock like Nyanza, Western and Coast region were short-changed in the allocation of the electoral units.
Wetangula added that the speaker should move with precision and clarity to give the House direction because ‘there concerns about certain issues in the Bill that can create problems. ‘
“I want to respectfully submit that a process of legislation, particularly on a Constitution, is supposed to solve problems and not to create problems. We need to see if we are creating a problem for the future or not,” he reckoned advised.
“Kakamega County has one of the biggest populations. Explaining how Kakamega is getting two constituencies is a bit of a problem if you are using a scientific process,” Orengo said during the debate on the bill.
They said parliament’s role cannot be ceremonial in any legislation, including constitutional amendment through a popular initiative as provided for in Article 257 of the Constitution.
The growing resistance and push to change the document now poses a serious test for Uhuru and Raila ahead of the crucial vote.
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