Proposals by Kenyan MPs

March 31, 2010 12:00 am
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, The following are the proposed amendments that were to be debated in Parliament on Wednesday.

(i) NOTICE is given that the Member for Gachoka (Hon. Mutava Musyimi) intends to move
the following amendment to the Draft Constitution:
ARTICLE 4

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 4 by the
insertion of the following new clause immediately after clause (2)-
(3) Kenya is a unitary state with a common citizenship and a universally applicable Bill of
Rights.
(ii) NOTICE is given that the Member for Ugenya (Hon. James Orengo) intends to move the
following amendment to the Draft Constitution:
ARTICLE 6

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendment of Article 6 by—
(a) inserting the words “provinces and” immediately before the word “counties” in clause (1);
(b) inserting the following new clause immediately after clause (1)—
“(1A) The sovereign power of the people is exercised at—
(a) the national level of government;
(b) the provincial level of government; and
(c) the county level of government.”
(c) deleting clause (2) and substituting therefor the following new clause—
“(2) The governments at the national, provincial and county levels are distinct and
interdependent and shall conduct their mutual relations on the basis of consultations
and co-operation.”
(iii) NOTICE is given that the Member for Gachoka (Hon. Mutava Musyimi) intends to move
the following amendment to the Draft Constitution(
No.18) WEDNESDAY, MARCH 31, 2010 (96)
ARTICLE 8

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the insertion of the following new
clauses in Article 8-
“(2) State and religion shall be separate.
“(3) The State shall treat all religions equally.”
(iv) NOTICE is given that the Member for Tinderet (Hon. Henry Kosgey) intends to move the
following amendment to the Draft Constitution:
ARTICLE 16

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to amendment of Article 16 by deleting the words “by birth”
appearing immediately after the word “citizen”.
(v) NOTICE is given that the Member for Kipipiri, (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 21

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday, 2nd March, 2010 subject to the amendment of Article 21 by deletion of the words
“religious” appearing in clause (3).
(vi) NOTICE is given that the Member for Gachoka (Hon Mutava Musyimi) intends to move the
following amendment to the Draft Constitution-
ARTICLE 24

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the deletion of clause (4) of Article 24.
(vii) NOTICE is given that the Member for Mwingi South (Hon. David Musila) intends to move the
following amendment to the Draft Constitution:
(No.18) WEDNESDAY, MARCH 31, 2010 (97)
ARTICLE 24

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendment of Article 24 by—
(a) deleting clause (5) and substituting therefor the following new clause—
“(5) Despite clause (1) and (2), in relation to a person who is a
member of the disciplined forces, nothing contained in or done
under the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this
Chapter other than Articles 26, 29 and 30.”
(b) inserting the following new clause immediately after clause (5)—
“(6) For purposes of clause (5)—
“disciplined force” means—
(a) the Kenya Defence Forces;
(b) the National Police Service;
(c) the National Intelligence Service;
(d) the Kenya Prisons Service;
(e) the Kenya Forest Service;
(f) the Kenya Wildlife Service; or
(g) the National Youth Service;
“disciplinary law” means a law regulating the discipline of a
disciplined force;
“member” in relation to a disciplined force includes any person who
under the disciplinary law of that force is subject to the discipline of
the force;”.
(viii) NOTICE is given that the Member for Kajiado Central (Hon. Joseph Nkaissery) intends to move
the following amendments to the Draft Constitution-
ARTICLE 24

THAT pursuant to provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 24-
(No.18) WEDNESDAY, MARCH 31, 2010 (98)
(a) in the opening paragraph, by deleting the words “Kenya Defence Forces or the National Police
Service” and substituting therefor the words “Kenya Defence Forces, National Police Service and
other uniformed services”
(b) by inserting a new paragraph immediately after paragraph (f) as follows-
(g) Article 50 – Fair hearing.
(ix) NOTICE is given that the Member for Kipipiri, (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 24

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 24 by
insertion of the words “preservation of the national and public interest” immediately after the word
“dignity” appearing in clause (3).
(x) NOTICE is given that the Member for Dagoretti (Hon. Beth Mugo) intends to move the following
amendment to the Draft Constitution:
ARTICLE 26

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the deletion of clause (4) of Article 26
and the substitution therefor with the following new clause-
“(4) Termination of pregnancy is not permitted, but expectant mothers are entitled
to emergency medical treatment in life threatening conditions.”
(xi) NOTICE is given that the Member for Nyeri Town (Hon. Esther Murugi Mathenge) intends to
move the following amendments to the Draft Constitution:
ARTICLE 26

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
(No.18) WEDNESDAY, MARCH 31, 2010 (99)
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 26 by
deleting clauses (2) (3) and (4).
(xii) NOTICE is given that the Member for Mbita (Hon. Otieno Kajwang’) intends to move the
following amendments to the Draft Constitution:
ARTICLE 26

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 26 by-
(a) deletion of clause (2);
(b) deletion of clause (4).
(xiii) NOTICE is given that the Member for Gwasi, (Hon. John Mbadi) intends to move the following
amendments to the Draft Constitution:
ARTICLE 26

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 26 by-
(a) deleting clause (2); and
(b) deleting clause (4).
(xiv) NOTICE is given that the Member for Kisumu Rural (Hon Anyang’ Nyong’o) intends to move
the following amendment to the Draft Constitution-
ARTICLE 26

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday, 2nd March, 2010 subject to the deletion of clauses (2),(3) and (4) of Article 26.
(xv) NOTICE is given that the Member for Tinderet (Hon. Henry Kosgey) intends to move the
following amendment to the Draft Constitution:
(No.18) WEDNESDAY, MARCH 31, 2010 (100)
ARTICLE 26

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to deletion of clauses (2), (3) and (4) of Article 26.
(xvi) NOTICE is given that the Member for Kasarani (Hon. Elizabeth Ongoro Masha) intends
to move the following amendments to the Draft Constitution:
ARTICLE 26

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this House
approves the draft Constitution submitted by the Committee of Experts and laid on the table of the House on
Tuesday, 2nd March, 2010 subject to the amendment of Article 26-
(a) in clause (3), by deleting all the words after the words “deprived of life intentionally”;
(b) in clause (4), by deleting all the words after the words “is not permitted”.
(xvii) NOTICE is given that the Member for Igembe North (Hon. Ntoitha M’Mithiaru) intends to move
the following amendments to the Draft Constitution:
ARTICLE 27

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the deletion of clause (8) of Article 27.
(xviii) NOTICE is given that the Member for Limuru (Hon. Peter Mwathi) intends to move the following
amendment to the Draft Constitution:
ARTICLE 31

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 31 by deleting
paragraphs (a) and (b).
(xix) NOTICE is given that the Member for Gachoka (Hon Mutava Musyimi) intends to move the
following amendment to the Draft Constitution(
No.18) WEDNESDAY, MARCH 31, 2010 (101)
ARTICLE 32

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the insertion of the following new
clauses in clause 32-
“(5) Everyone has a right to propagate their religion or convert from one religion to
another.
“(6) Clause (3) shall not apply to institutions and facilities that are established solely or
partly for religious purposes.”
(xx) NOTICE is given that the Member for Limuru (Hon. Peter Mwathi) intends to move the following
amendments to the Draft Constitution:
ARTICLE 32

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday 2nd March, 2010 subject to amendment of clause (2) of Article 32 by
inserting a comma and the words “subject to legislation” immediately after the word “worship”.
(xxi) NOTICE is given that the Member for Limuru (Hon. Peter Mwathi) intends to move the following
amendment to the Draft Constitution:
ARTICLE 34

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the amendment of clause (2) of Article 34 by deleting
paragraph (b).
(xxii) NOTICE is given that the Member for Karachuonyo (Hon. Eng. James Rege) intends to move the
following amendment to the Draft Constitution:
ARTICLE 34

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to amendment of clause (4) of Article 34 by inserting the
following new paragraph immediately after paragraph (c)-
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“(d) be subject to Article 33(2) of this Constitution.”
(xxiii) NOTICE is given that the Member for Mwingi South (Hon. David Musila) intends to move the
following amendment to the Draft Constitution:
ARTICLE 35

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendment to clause (1) of
Article 35 by inserting the following new clause immediately after clause (3)—
“(4) Notwithstanding anything contained in this Article, access to information on
matters relating to national security may be limited in such manner as an Act of
Parliament may provide.”
(xxiv) NOTICE is given that the Member for Limuru (Hon. Peter Mwathi) intends to move the following
amendment to the Draft Constitution:
ARTICLE 35

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the amendment of clause (1) of Article 35 by deleting
paragraph (b).
(xxv) NOTICE is given that the Member for Kipipiri, (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 35

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 35 by
insertion of the following new clause immediately after clause (3)-
(4) Parliament shall enact legislation to give effect to the rights in clause (1) and
such legislation may include any limitations on the grounds of prejudice to national
security or preservation of public interest.
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(xxvi) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendment to the Draft Constitution:
ARTICLE 40

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendments to Article 40 by—
(a) deleting the word “or” appearing at the end of clause (2)(a) and substituting therefor
the word “and”;
(b) inserting the words “by the court, after due process of law” immediately after the word
“acquired” in clause (6).
(xxvii) NOTICE is given that the Member for Limuru (Hon. Peter Mwathi) intends to move the following
amendment to the Draft Constitution:
ARTICLE 41

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 41 by inserting the
following new paragraph immediately after paragraph (5)-
(6) The provisions of clauses (1), (2), (3), (4) and (5) shall not apply the national security
organs provided for under Chapter Fourteen.
(xxviii) NOTICE is given that the Member for Nyakach (Hon. Pollyns Ochieng’) intends to move the
following amendments to the Draft Constitution:
ARTICLE 43

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 43 by
inserting a new clause immediately after clause (2) as follows-
(3A) A child who has no parents is entitled to both basic and higher education free
of charge.
(No.18) WEDNESDAY, MARCH 31, 2010 (104)
(xxix) NOTICE is given that the Member for Tinderet (Hon. Henry Kosgey) intends to move the
following amendment to the Draft Constitution:
ARTICLE 43

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to amendment of clause (1) of Article 43 by deleting the
words “which includes the right to health care services, including reproductive health care” appearing in
paragraph (a).
(xxx) NOTICE is given that the Member for Kipipiri, (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 43

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this House
approves the draft Constitution submitted by the Committee of Experts and laid on the table of the House on
Tuesday, 2nd March, 2010 subject to the amendment of Article 43-
(a) by the deletion of the words “Every person has” appearing in clause (1) and substitution therefor with
the words “A person shall not be denied”;
(b) by the deletion of clause (3).
(xxxi) NOTICE is given that the Member for Bumula (Hon. Bifwoli Wakoli) intends to move the
following amendment to the Draft Constitution:
ARTICLE 44

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to deletion of Article 44(3).
(xxxii) NOTICE is given that the Member for Turkana South (Hon. Josphat Koli Nanok) intends to
move the following amendment to the Draft Constitution:
ARTICLE 45

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to amendment of clause (2) of Article 45 by deleting the
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words “a person” appearing immediately after the word “marry” and substituting therefor the words “an
adult”.
(xxxiii) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendment to the Draft Constitution:
ARTICLE 60

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendments to clause (1) of
Article 60 by—
(a) inserting the words “for all land holders, users and occupiers in good faith” immediately
after the word “rights” appearing in paragraph (b);
(b) deleting the words “consistent with this Constitution” appearing in paragraph (g).
(xxxiv) NOTICE is given that the Member for Kajiado Central (Hon. Joseph Nkaissery) intends to move
the following amendments to the Draft Constitution-
ARTICLE 60

THAT pursuant to provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the amendment of clause (1) (a) of Article 60 by
deleting the word “equitable” .
(xxxv) NOTICE is given that the Member for Loitokitok (Hon. Ole Metito) intends to move the following
amendment to the Draft Constitution:
ARTICLE 62

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the deletion in Article 62 of the words
“government game reserves, national parks, government animal sanctuaries, and specially
protected areas” appearing in paragraph (g) of clause (1).
(No.18) WEDNESDAY, MARCH 31, 2010 (106)
(xxxvi) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendment to the Draft Constitution:
ARTICLE 62

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendments to Article 62 by—
(a) deleting clause (2) and substituting therefor the following new clause—
“(2) Public land shall vest, be held and administered on their behalf by the
county government if it is classified under—
(a) clause (1)(a), (c), (d) or (e); and
(b) clause (1)(b), other than land held, used or occupied by a national State organ.”;
(b) deleting clause (3) and substituting therefor the following new clause—
“(3) Public land classified under clause (1)(f) and (m) shall vest in and be
held by the national and county governments in trust for the people of
Kenya and shall be administered on their behalf by the county governments
and the National Land Commission.”
(xxxvii) NOTICE is given that the Member for Loitokitok (Hon. Ole Metito) intends to move the following
amendment to the Draft Constitution:
ARTICLE 63

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the insertion in Article 63 of the
following new paragraph immediately after paragraph (iii) appearing in clause (2)-
“(iv) government game reserves, national parks, government animal sanctuaries; or”.
(xxxviii) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendment to the Draft Constitution:
(No.18) WEDNESDAY, MARCH 31, 2010 (107)
ARTICLE 63

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendments to Article 63 by—
(a) deleting the words “ethnicity, culture or similar community of interest” in
clause (1), and substituting therefor the words “geographical area or community
of interest”;
(b) inserting the word “other” immediately after the words “ancestral lands and”
appearing in paragraph (d)(ii) of clause (2);
(c) inserting the words “or any land classified as private land under this
Constitution” immediately after the expression “Article 62(2)” appearing at the
end of paragraph (d) of clause (2).
(xxxix) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendment to the Draft Constitution:
ARTICLE 65

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to deletion of Article 65.
(xl) NOTICE is given that the Nominated Member (Hon. Shakilla Abdalla) intends to move the
following amendment to the Draft Constitution-
ARTICLE 65

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the deletion of the words “ninety-nine”
wherever they occur in clauses (1) and (2) of Article 65 and replacing with the words “forty-five”.
(xli) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendment to the Draft Constitution:
(No.18) WEDNESDAY, MARCH 31, 2010 (108)
ARTICLE 67

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendment of Article 67 by—
(a) deleting clause (2) and substituting therefor the following new clause—
“(2) Parliament shall enact legislation to provide for the functions of
the National Land Commission.”
(b) deleting clause (3).
(xlii) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendment to the Draft Constitution:
ARTICLE 68

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendment of Article 68 by
deleting paragraph (c) and substituting therefor the following new paragraph—
“(c) enact legislation to give effect to the provisions in this Constitution.”
(xliii) NOTICE is given that the Member for Kipipiri, (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 68

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 68 by
deletion of subparagraph (i) of paragraph (b) of clause (1)
(xliv) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendment to the Draft Constitution:
ARTICLE 69

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendment of Article 69 in
clause (1) by deleting paragraph (g).
(No.18) WEDNESDAY, MARCH 31, 2010 (109)
(xlv) NOTICE is given that the Member for Kipipiri, (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 69

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 69-
(a) by deletion of paragraph (b) of clause(1);
(b) by deletion of clause (2).
(xlvi) NOTICE is given that the Member for Ndhiwa (Hon. Joshua Ojode) intends to move the
following amendment to the Draft Constitution-
ARTICLE 76

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft constitution submitted by the Committee of Experts and laid on the table
of the House on Tuesday 2nd March, 2010 subject to amendment of clause (2) of Article 76 by
deleting paragraph (a).
(xlvii) NOTICE is given that the Member for Kimilili, (Hon Eseli Simiyu) intends to move the
following amendment to the Draft Constitution-
ARTICLE 79

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the deletion of Article 79 and
substitution with the following new Article-
Ethics and Anti-Corruption Commission
79. (1) There is established the Ethics and Anti-Corruption Commission.
(2) The functions of the Commission are to—
(a) investigate any matter that, in the Commission\’s opinion, raises
suspicion that conduct constituting corruption or economic crime, as
provided for in an Act of Parliament, has occurred or is about to
occur;
(b) receive and retain custody of declarations required by this Chapter;
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(c) ensure compliance with and enforce the provisions of this Chapter;
(d) receive and investigate complaints about non-compliance with this
Chapter and, if appropriate, to refer a complaint to the relevant
authorities for action;
(e) institute and conduct civil proceedings for purposes of recovery,
protection, confiscation and forfeiture of unlawfully acquired public
property or unexplained assets;
(f) put in place measures aimed at the prevention of corruption,
including issuing guidelines to State organs; and
(g) take measures for the promotion of ethics and integrity in the public
and private sector.
(3) Parliament shall provide for the structure of the Commission.
(4) The Commission shall not investigate any matter pending before a court or a
judicial tribunal.
(5) The Commission shall establish and maintain a register in which the assets and
liabilities of State officers are recorded and shall make the register available for
public inspection.
(xlviii) NOTICE is given that the Member for Kipipiri (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 81

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday, 2nd March, 2010 subject to the amendment of Article 81 by deletion of paragraph (b).
(xlix) NOTICE is given that the Member for Mbita (Hon. Otieno Kajwang’) intends to move the
following amendments to the Draft Constitution:
ARTICLE 85

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2004, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday, 2nd March, 2010 subject to the amendment of paragraph (a) of Article 85 by deleting
all the words appearing after the words “is not a member of a registered political party.”
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(l) NOTICE is given that the Member for Ndhiwa (Hon. Joshua Ojodeh) intends to move the
following amendments to the Draft Constitution:
ARTICLE 85

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2004, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday, 2nd March, 2010 subject to the amendment of paragraph (a) of Article 85 by deleting
all the words appearing after the words “is not a member of a registered political party.”
(li) NOTICE is given that the Member for Isiolo South (Hon. Abdul Bahari Ali) intends to move the
following amendments to the Draft Constitution:
ARTICLE 89

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft constitution submitted by the Committee of Experts and laid on the table
of the House on Tuesday 2nd March, 2010 subject to amendment of Article 89 by inserting the
following new clauses immediately after clause (7)—
“(7A) The Commission may depart from the provisions of clauses (5), (6) and (7)(b) in
reviewing constituency and ward boundaries in sparsely populated and marginalized
areas and, in carrying out the review, shall take into account-
(a) geographical size and features;
(b) means of communication;
(c) community of interests, historical, economic and cultural ties; and
(d) boundaries of administrative areas.
(7B) The Commission shall ensure that the reviews of constituencies undertaken in
terms of this Constitution shall not result in the loss of any existing constituency.”
(lii) NOTICE is given that the Member for Kajiado Central (Hon. Joseph Nkaissery) intends to move
the following amendments to the Draft Constitution-
ARTICLE 89

THAT pursuant to provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the amendment of clause (5) of Article 89-
(No.18) WEDNESDAY, MARCH 31, 2010 (112)
(a) in paragraph (b), by deleting the word “and” appearing at the end of the paragraph;
(b) by deleting the full stop at the end of paragraph (c) and substituting therefor a semicolon and
the word “and”;
(c) by inserting a new paragraph immediately after paragraph (c) as follows-
(d) any other relevant factors.
(liii) NOTICE is given that the Member for Kasarani (Hon. Elizabeth Ongoro Masha) intends to move
the following amendments to the Draft Constitution:
ARTICLE 89

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday, 2nd March, 2010 subject to the amendment of clause (1) of Article 89 by inserting the
words “not more than” immediately after the words “There shall be ”.
(liv) NOTICE is given that the Member for Chepalungu (Hon. Isaac Ruto) intends to move the
following amendments to the Draft Constitution:
ARTICLE 89

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of Article 89 by deleting
clause (9) and substituting therefor the following-
(9) Subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of
constituencies and wards determined by the Commission shall-
(a) be approved by the National Assembly by a simple majority of its members but an
alteration or rejection of the recommendations of the Commission shall require the support
of at least half of all the members of the Assembly; and
(b) be published in the Gazette, after approval under paragraph (a) and shall come into
effect on the dissolution of Parliament first following their publication.
(lv) NOTICE is given that the Member for Kipipiri (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 89

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
(No.18) WEDNESDAY, MARCH 31, 2010 (113)
House on Tuesday, 2nd March, 2010 subject to the amendment of Article 89 by insertion of the words
“earlier of either appointment of election date or” immediately before the word “dissolution” appearing in
clause (9).
(lvi) NOTICE is given that the Member for Kimilili (Hon. Eseli Simiyu) intends to move the following
amendment to the Draft Constitution-
ARTICLE 90

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the deletion of the words “seats won by
candidates of” appearing in clause (3) of Article 90 and substituting therefor with the words “votes
garnered by”.
(lvii) NOTICE is given that the Member for Kipipiri (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
ARTICLE 90

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this House
approves the draft Constitution submitted by the Committee of Experts and laid on the table of the House on
Tuesday, 2nd March, 2010 subject to the amendment of Article 90 by deletion of paragraph (b) of clause (2).
(lviii) NOTICE is given that the Member for Ugenya (Hon. James Orengo) intends to move the
following amendment to the Draft Constitution:
CHAPTER EIGHT

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to the deletion of Part 1 of Chapter Eight and its replacement
with the following new Part—
Part 1 – Establishment and role of Parliament
Establishment of Parliament
93. (1) There is established a Parliament of Kenya, which shall consist of the Senate and the
National Assembly.
(2) The Senate and the National Assembly shall perform their respective functions in accordance
with this Constitution.”
Role of Parliament
(No.18) WEDNESDAY, MARCH 31, 2010 (114)
94. (1) The legislative authority of the Republic is derived from the people and, at the national
level, is vested in and exercised by Parliament.
(2) Parliament manifests the diversity of the nation, represents the will of the people, and exercises
their sovereignty.
(3) Parliament may consider and pass amendments to this Constitution, and alter provincial and
county boundaries as provided for in this Constitution.
(4) Parliament shall protect this Constitution and promote the democratic governance of the
Republic.
(5) No person or body other than Parliament has the power to make provision having the force of
law in Kenya except under authority conferred under this Constitution or by legislation.
(6) An Act of Parliament, or legislation of a province or county, that confers on any State organ,
State officer or person the authority to make provision having the force of law in Kenya, as
contemplated in clause (5), shall expressly specify the purpose and objectives for which that
authority is conferred, the limits of the authority, the nature and scope of the law that may be
made, and the principles and standards applicable to the law made under the authority.”
Role of the Senate
95. (1) The Senate represents the provinces and counties and serves to protect the interests of
the provinces and counties and their governments.
(2) The Senate participates in the law-making function of Parliament by considering, debating and
approving Bills concerning provinces and counties, as provided for in this Constitution.
(3) The Senate determines the allocation of national revenue among provinces and counties, as
provided for in this Constitution and exercises oversight over national revenue allocated to the
provincial and county governments.
(4) The Senate participates in the oversight of State officers by considering and determining any
resolution to remove the President or Deputy President from office in accordance with this
Constitution.
(5) The Senate participates in the oversight of State officers by considering and determining any
resolution to appoint cabinet secretaries, principal secretaries, executive heads of state
corporations and holders of constitutional offices.
(No.18) WEDNESDAY, MARCH 31, 2010 (115)
Role of the National Assembly
96. (1) The National Assembly represents the people of the constituencies and special interests
in the National Assembly.
(2) The National Assembly deliberates on and resolves issues of concern to the people.
(3) The National Assembly enacts legislation in accordance with Part 4 of this Chapter
(4) The National Assembly—
(a) determines the allocation of national revenue between the levels of government, as
provided in Part 4 of Chapter Twelve;
(b) appropriates funds for expenditure by the national government and other State
organs; and
(c) exercises oversight over national revenue and its expenditure.
(5) The National Assembly—
(a) reviews the conduct in office of the President, the Deputy President and other State
officers and initiates the process of removing them from office; and
(b) exercises oversight of State organs.
(lix) NOTICE is given that the Member for Mwingi South (Hon. David Musila) intends to move the
following amendment to the Draft Constitution:
ARTICLE 95

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendment of clause (6) of
Article 95 by inserting the words “within twenty-eight days after declaration by the President”
immediately after the word “war”.
(lx) NOTICE is given that the Member for Ugenya (Hon. James Orengo) intends to move the
following amendment to the Draft Constitution:
ARTICLE 97

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to amendment of Article 97(1) by
deleting paragraph (b) and substituting therefor the following new paragraph—
(No.18) WEDNESDAY, MARCH 31, 2010 (116)
“(b) forty-seven women members elected one each by the registered voters in each of the
forty-seven special constituencies for women set out in the Seventh Schedule.”
(lxi) NOTICE is given that the Member for Eldoret East (Hon. Margaret Kamar) intends to move the
following amendment to the Draft Constitution:
ARTICLE 97

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to amendment of Article 97(1) by deleting the word “fortyseven”
appearing in paragraph (b) immediately before the word “women”.
(lxii) NOTICE is given that the Member for Igembe North (Hon. Ntoitha M’Mithiaru) intends to move
the following amendments to the Draft Constitution:
ARTICLE 97

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday, 2nd March, 2010 subject to the amendment of clause (1) of Article 97 by-
(a) deleting paragraph (b);
(b) deleting paragraph (c) and substituting therefor the following-
(b) twenty seven members nominated by parliamentary political parties according to their
proportion of members of the National Assembly in accordance with Article 90, of whom-
(i) eighteen shall be women;
(ii) nine shall represent special interests including the youth, persons with disabilities and
workers;
(lxiii) NOTICE is given that the Member for Kasarani (Hon. Elizabeth Ongoro Masha) intends to move
the following amendments to the Draft Constitution:
ARTICLE 97

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the amendment of clause (1) (a) of Article 97 by
inserting the words “not more than”immediately before the words “two hundred and ninety”
(lxiv) NOTICE is given that the Member for Kimilili (Hon. Eseli Simiyu) intends to move the following
amendment to (No.19) WEDNESDAY, MARCH 31, 2010 (262)
(iii) promotion of primary health care;
(iv) licensing and control of undertakings that sell food to the public;
(v) veterinary services (excluding regulation of the profession);
(vi) cemeteries, funeral parlours and crematoria; and
(vii) refuse removal, refuse dumps and solid waste disposal; including Control of air pollution,
noise pollution, other public nuisances and outdoor advertising.
(c) Cultural activities, public entertainment and public amenities, including—
(i) betting, casinos and other forms of gambling;
(ii) racing;
(iii) liquor licensing;
(iv) cinemas;
(v) video shows and hiring;
(vi) libraries;
(vii) museums;
(viii) sports and cultural activities and facilities; and
(ix) county parks, beaches and recreation facilities.
(d) County transport, including—
county roads;
street lighting;
traffic and parking;
public road transport; and
(ii) ferries and harbours, excluding the regulation of international and national shipping
and matters related thereto.
(e) Animal control and welfare, including—
(i) licensing of dogs; and
(ii) facilities for the accommodation, care and burial of animals.
Trade development and regulation, including—
markets;
trade licences (excluding regulation of professions);
fair trading practices;
local tourism; and
cooperative societies.
County planning and development, including—
statistics;
(No.19) WEDNESDAY, MARCH 31, 2010 (263)
land survey and mapping;
boundaries and fencing;
housing; and
electricity and gas reticulation and energy regulation.
Education at pre-primary, education, village polytechnics, homecraft centres and childcare facilities.
Implementation of specific national government policies on natural resources and environmental
conservation, including—
Soil and water conservation; and forestry.
County public works and services, including—
storm water management systems in built-up areas; and
water and sanitation services.
(j) Fire fighting services and disaster management.
(k) Control of drugs and pornography
(l) Ensuring and co-ordinating the participation of communities and location in governance at the local
level and assisting communities and locations to develop the administrative capacity for the effective
exercise of the power and functions and participation in governance at the local level.
(cccxliv) NOTICE is given that the Member for Narok South (Hon. Ole Lankas) intends to move the
following amendment to the Draft Constitution:
FIFTH SCHEDULE

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to amendment of the Fifth Schedule by inserting the following
rows at the end thereof-
CHAPTER FIFTEEN-GENERAL PROVISIONS
Identification of marginalized communities (Article 260) One year
(cccxlv) NOTICE is given that the Member for Naivasha (Hon. John Mututho) intends to move the
following amendments to the Draft Constitution:
SIXTH SCHEDULE

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the amendment of the Sixth Schedule
by-
(d) deleting subsection (2) of section 23 and substituting therefor the following(
No.19) WEDNESDAY, MARCH 31, 2010 (264)
“(2) A judge or magistrate who is removed from office in accordance with
subsection (1) shall be paid all the emoluments and benefits that such a judge or
magistrate would have been entitled to upon service of the full term of
employment.”
(e) deleting subsection 24;
(f) deleting subsection (7) of section 31.
(cccxlvi) NOTICE is given that the Member for Isiolo South (Hon. Abdul Bahari Ali) intends to move the
following amendments to the Draft Constitution:
SIXTH SCHEDULE

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act,
2008, this House approves the draft constitution submitted by the Committee of Experts and laid
on the table of the House on Tuesday 2nd March, 2010 subject to the amendment of the Sixth
Schedule by deleting section 27(4).
(cccxlvii) NOTICE is given that the Member for Kimilili (Hon Eseli Simiyu) intends to move the following
amendment to the Draft Constitution-
SIXTH SCHEDULE

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008,
this House approves the draft Constitution submitted by the Committee of Experts and laid on the
table of the House on Tuesday, 2nd March, 2010 subject to the deletion in the Sixth Schedule of
paragraph (a) of subsection (1) of section 27.
(cccxlviii) NOTICE is given that the Member for Limuru (Hon. Peter Mwathi) intends to move the following
amendment to the Draft Constitution:
SIXTH SCHEDULE

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the amendment of subsection (2) of section 9 of the
Sixth Schedule by deleting the words “the coalition established under the National Accord is dissolved
and” immediately after the words “Despite subsection (1), if”.
(cccxlix) NOTICE is given that the Member for Ndia (Hon Robinson Githae) intends to move the following
amendment to the Draft Constitution(
No.19) WEDNESDAY, MARCH 31, 2010 (265)
SIXTH SCHEDULE

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to amendment of the Sixth Schedule-
(c) by the deletion subsection (3) of section 12;
(d) by the deletion subsection (2) of section 27.
(cccl) NOTICE is given that the Member for Kipipiri (Hon Amos Kimunya) intends to move the
following amendment to the Draft Constitution-
SIXTH SCHEDULE

THAT pursuant to the provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday, 2nd March, 2010 subject to the amendment of section 7 of the Sixth Schedule by
deletion of the word “or” appearing in paragraph (b) of subsection (2).
(cccli) NOTICE is given that the Member for Emuhaya (Hon. Wilbur Ottichilo) intends to move the
following amendments to the Draft Constitution:
NEW ARTICLE 72A

THAT pursuant to the provisions of section 33 (4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft constitution submitted by the Committee of Experts and laid on the table of the
House on Tuesday 2nd March, 2010 subject to insertion of the following new Article immediately after
Article 72—
National Environment and Climate Change Commission
72A. (1) There is established the National Environment and Climate Change Commission.
(2) The functions of the Commission are to—
(o) enforce such legislation on the environment as Parliament may from time to time
enact, and spearhead the formulation of new environmental legislation;
(p) develop and enforce appropriate environmental standards, regulations and
guidelines;
(q) develop and co-ordinate the implementation of legislation on climate change;
(No.19) WEDNESDAY, MARCH 31, 2010 (266)
(r) promote wise use of natural resources, including diversification into renewable
energy resources;
(s) continuously monitor and evaluate utilization rates, states and trends of natural
resources;
(t) develop effective environmental and climate change database and information
system for sharing, use and communication to all stakeholders;
(u) promote regional and international co-operation with lead agencies, the private
sector and civil society to enhance complementarity and synergy towards improved
environment and climate change management;
(v) ensure that environmental costs and benefits as well as cimate change impacts are
fully reflected in socio-economic decisions;
(w) mobilize resources to support environmental and climate change activities and
programmes;
(x) assess vulnerability and climate change threats and formulate adaptation and
mitigation measures;
(y) develop and promote capacity building framework in environmental management
and climate change;
(z) promote and enhance environmental and climate change education and public
participation for sustainable environmental management;
(aa) prepare annual state of the environment and climate change reports;
(bb) perform such other functions as may be prescribed by an Act of Parliament.
(ccclii) NOTICE is given that the Member for Ugenya (Hon. James Orengo) intends to move the
following amendment to the Draft Constitution:
NEW ARTICLE 113A

THAT pursuant to provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the insertion of the following new Article
immediately after Article 113—
Ordinary Bills not concerning Provincial Governments
“113A. (1) When the National Assembly passes a Bill other than a Bill to
which the procedure set out in Articles 110, 111, 112 and 113 applies, the Bill shall be
(No.19) WEDNESDAY, MARCH 31, 2010 (267)
referred to the Senate and dealt with in accordance with procedure set out in
this Article.
(2) The Senate shall, with respect to the Bill referred to in clause (1)—
(d) pass the Bill;
(e) pass the Bill subject to amendments proposed by it; or
(f) reject the Bill.
(3) If the Senate passes the Bill without proposing amendments, the Bill shall
be submitted to the President for assent.
(4) If the Senate rejects a Bill or passes it subject to amendments, with at least
fifty percent of its members voting, the National Assembly shall reconsider the Bill
taking into account any amendments proposed by the Senate, and may, with a majority
of members:
(c) pass the Bill again, either with or without amendments; or
(d) decide not to proceed with the Bill.
(5)A Bill passed by the National Assembly in terms of clause (4) shall be
submitted to the President for assent.”
(cccliii) NOTICE is given that the Member for Kitutu Masaba (Hon. Walter Nyambati) intends to move
the following amendment to the Draft Constitution:
NEW ARTICLE 128A

THAT pursuant to provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the insertion of the following new Article
immediately after Article 128—
(No.19) WEDNESDAY, MARCH 31, 2010 (268)
Establishment of Parliamentary Fund
128A. (1) There is established a fund to be known as the Parliamentary Fund.
(2) There shall be paid into the Fund—
(d) such moneys as may, from time to time, be provided by
Parliament;
(e) such moneys as may be borrowed by the Parliamentary Service
Commission on such terms and for such purposes as the
Commission, in consultation with Minister for the time being
responsible for Finance, may determine;
(f) any moneys accruing to or received by the Commission from any
other source.
(3) There shall be paid out of the Fund all payments in respect of any
expenses incurred for purposes of Parliament under this Constitution or any other
legislation.
(cccliv) NOTICE is given that the Member for Ugenya (Hon. James Orengo) intends to move the
following amendment to the Draft Constitution:
NEW PART

THAT pursuant to provisions of section 33(4) of the Constitution of Kenya Review Act, 2008, this
House approves the draft Constitution submitted by the Committee of Experts and laid on the table of
the House on Tuesday, 2nd March, 2010 subject to the insertion of the following new Part immediately
after Article 175—
Part 1A – Provincial Government
Provincial Government
175A. (1) There shall be a provincial government for each province consisting of a
provincial legislative assembly and a provincial executive committee.
Membership of the provincial legislative assembly
175B. (1) A provincial legislative assembly shall consist of two members per
constituency, one of whom shall be from either gender.
(No.19) WEDNESDAY, MARCH 31, 2010 (269)
(2) An Act of parliament shall provide for the operationalization of this provision.
Provincial legislative assembly
175C. (1) Each provincial legislative assembly shall have a speaker elected by the
assembly from among persons who are not members of the asse

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