MPs make it easy to change constitution
MPs make it easy to change constitution
MPs seeking to change the constitution will now be required to get signatures from 50 lawmakers supporting their bid before introducing the legislation in the House.
An MP sponsoring such a bill will be required to attach the signatures of the 50 colleagues while taking his legislative proposal to the Speaker for approval.
The requirement is part of the changes made to Standing Orders by the 12th Parliament, and which take effect in this Parliament.
However, bills sponsored by either majority or minority party are exempted from this requirement. The Speaker of the National Assembly moses Wetang’ula in communication to the House said the move is aimed at improving legislation in the House.
Standing Order 114 (7A) states that “in respect of a proposal to amend the constitution, the proposal shall be accompanied by the signatures of at least 50 other members in support, unless it is sponsored by the majority or the minority parties.”
“Any member seeking to introduce a legislative proposal seeking to amend the constitution should comply with the requirements of Standing Order 114,” Mr Wetang’ula said
He added the requirement of the new Standing Order shall enrich the proposal as it seeks to get consensus through collection of views of other MPs, the Attorney-General, constitutional commissions and the Kenya Law Reforms on any proposed amendment to the constitution
The Speaker disclosed that since the commencement of the life of 13th Parliament, he has already received requests from two lawmakers wishing to introduce legislative proposals to amend the constitution.
The proposals are from Gichugu MP Githinji Gichimu and his Matungulu counterpart Stephen Mule.
The two members intend to introduce a legislative proposal to amend the constitution to anchor the National Government Constituency Development Fund (NG-CDF) in law.
The move follows a recent ruling by the Supreme Court that declared CDF unconstitutional.
A bench of five judges led by Chief Justice Martha Koome last month ruled that the CDF Act, 2013 violates the principle of separation of powers, hence is unconstitutional.
In his speech during the inaugural joint sitting of the 13th Parliament on Thursday last week, President William Ruto told the lawmakers to take appropriate measures to protect the Sh44.3 billion CDF and establish an oversight kitty for Senators to oversee cash transfers to counties.
Dr Ruto told MPs to align the NG-CDF to the requirements of the constitution to save the kitty.
“I know the contribution the National Government Constituency Development Fund (NG-CDF) has made in making life better for our citizens,” Dr Ruto said.
“I believe there is a way NG-CDF can be aligned to the tenets of the constitution.”
Each constituency receives at least Sh137 million every year and the legislators have used the kitty for community development projects.
The CDF Act, 2013, was first declared unconstitutional in 2015 but Parliament appealed the case.
