Constitution of Kenya (Repealed) - Kenya Law Reports

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42 Constitution of Kenya[Rev. 2009by the Assembly in accordance with paragraph (b).(3) Proposals for amendment to a draft Constitution undersubsection (2) shall be considered and the draft Constitutionpublished in such a manner as may be prescribed by or underan Act of Parliament.(4) The Interim Independent Electoral Commission shall, notlater than 90 days from the date of publication of the daftConstitution pursuant to subsection (2), hold a referendumas may be prescribed by or under an Act of Parliament togive the people of Kenya the opportunity to ratify the daftConstitution.(5) The following provisions shall apply with respect to areferendum on a Constitution draft -(a) section 43 shall apply with necessary modifications withrespect to the referendum;(b) the draft Constitution shall be ratified if-(i) more than fifty per cent of the valid votes cast are forratification; and(ii) at least twenty-five per cent of the votes cast in at leastfive of the eight provinces are for ratification.(6) If a draft Constitution is ratified pursuant to subsection (5)(b), the President shall, not later than fourteen days fromthe date of publication of the final result of the referendum,promulgate and publish the text of the new Constitution inthe Kenya Gazette.(7) Subject to any provisions in the new Constitution relatingto its commencement, and notwithstanding anything to thecontrary in this Constitution, the new Constitution shallbecome law and have effect when the new Constitutionis published under subsection (6), on or on the expiry ofa period of fourteen days from the date of the publicationof the final result of the referendum in the Kenya Gazette,whichever is the earlier.(8) In this section-(a) references to this Constitution are references to thisConstitution as from time to time amended; and
Rev. 2009]Constitution of Kenya 43(b) references to the replacement of this Constitution arereferences to the repeal of this Constitution and itsreplacement with a new Constitution.48. Except upon the recommendation of the President signifiedby a Minister, the National Assembly shall not -Restrictions withregard to certainfinancial measures.(a) proceed upon a Bill (including an amendment to a Bill) that,in the opinion of the person presiding, makes provision forany of the following purposes -(i) the imposition of taxation or the alteration of taxationotherwise than by reduction; or(ii) the imposition of a charge on the Consolidated Fundor any other fund of the Government of Kenya or thealteration of any such charge otherwise than by reduction;or(iii) the payment, issue or withdrawal from the ConsolidatedFund or any other fund of the Government of Kenya ofmoneys not charged upon the fund or an increase in theamount of the payment, issue or withdrawal; or(iv) the composition or remission of a debt due to theGovernment of Kenya; or(b) proceed upon a motion (including an amendment to amotion) the effect of which, in the opinion of the personpresiding, would be to make provision for any of thosepurposes.49. (1) Every member of the National Assembly shall, beforetaking his seat in the Assembly, take and subscribe the oath of allegiancebefore the Assembly, but a member may before taking and subscribingthat oath take part in the election of the Speaker of the Assembly.Oaths to be taken bymembers of NationalAssembly.(2) A person elected as Speaker of the National Assembly whohas not before his election as Speaker taken the oath as a member ofthe Assembly shall, before entering upon the duties of his office, takeand subscribe the oath of allegiance before the Assembly.50. There shall preside at any sitting of the National Assembly-(a) the Speaker; orPresiding in NationalAssembly.
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