LIVE TEXT - MPs finally endorse draft law without amendments

Kenyan lawmakers have finally endorsed the draft constitution without amendments.

The draft will now go straight to Attorney General Amos Wako for redrafting, in readiness for a referendum later in the year.

President Kibaki and Prime Minister Raila Odinga were in Parliament on Thursday evening as the debate neared the end.

Earlier, MPs had failed in their two-day attempt to amend the proposed draft constitution.

The MPs had up to today (Thursday) to dispense with any amendments they desired on the country's draft constitution, and vote on the whole document, for the process to move to the next stage which involves preparation for a referendum in July. On Wednesday, they were unable to make any changes.

Here is the live-text coverage of the day-long proceedings in Parliament.

21:01- MPs endorse the draft without amendments. Speaker moves the motion and in an acclamation, the MPs approve it. The "Ayes have it" says the Speaker. The draft now goes to the Attorney General for redrafting.

8:46pm - Abdikadir Mohamed: We are at the conclusion of the process. Says this is a decision for Kenyans to make. Points out that the document has 18 chapters, but most of proposed amendments were on two chapters, including the Bill of Rights and Devolution. Says hundreds of reforms will have been made once the draft is passed.

8:40pm - President Kibaki congratulates MPs for their "knowledge in matters of law." Says Speaker has interpreted the law correctly. Appeals to the House not to go the matter. "Let us pass it." He tells MPs that they will later be able to improve on it.

Other changes to the law will come at their own time, says Kibaki.

8:30pm - PM Raila now speaking, says "this moment is historic." Says country has come a long way. Says what has happened understandable - no amendments. Points out that the highest number MPs in parliament for the amendments was 152.

Adds that provisions in the proposed constitution better than the current one.

8:20pm - Loopholes in the draft law come back to haunt Parliament as MPs haggle on the fate of the draft law.

Speaker Kenneth Marende maintains that MPs needed to raise a super majority to disapprove the document, but just a simple majority to approve. He throws blame to the MPs saying they were responsible for the loopholes in law.

“The question now before me is whether the draft will need 65 per cent even to delete a single word, and that is so,” he says.

7:58pm - Assistant minister Charles Keter (Belgut, ODM) says that by passing the Constitution, Parliament had disenfranchised Kenyans of what “they’ve been fighting for since independence.”

Mr Mohammed Affey (nominated ODM-K) also supports the passage of the draft saying “it gave the people of North Eastern Kenya the unique opportunity to own the document."

Debate continues.

6:50pm - MPs are now giving their contributions over the two-day process to amend the draft. Justice Minister Mutula Kilonzo is the first. He termed the event “one of the most historic events in the history of the country” saying it was a “truly amazing event for the future of this country.”

6:45pm - Speaker Marende signals the end to the debate on the the proposed amendments to to the Draft constitution. He says that no amendment has succeeded.

6:44pm - The last motion of amendment on the order paper, seeking to create a Gender Commission by Nyeri Town MP, Esther Murugi is withdrawn.

6:35pm: President Kibaki and Prime Raila Odinga move into Parliament's floor. They proceed to their seats

6:22pm- Speaker says there are 128 members in the House, and amendment to the First Schedule fails.

6:20pm- House moves to division

06:14pm Isaac Ruto moves motion of Amendment on the First Schedule on provinces. Seeks to divide Kenya into Provinces and the counties that make up the provinces.

President Kibaki is already in Parliament buildings.

5:58pm - Speaker Marende rules the motion on the Amendment to the First Schedule negative - the number does not meet the threshold.

5:50pm - House moves to division, before counting of the MPs.

5:43pm - Ndaragwa MP Jeremiah Kioni moves to propose motion seeking to increase counties. He is seconded by Kuria MP Wilfred Machage.

5:31pm - More withdrawals of amendment motions follow.

5:30pm Nominated MP Millie Odhiambo rises to say that some media reported "inaccurately" that she walked out of the House after a division. Speaker says the particular media must report accurately.

5:27pm - There are 65 members present. Temporary Speaker Philip Kaloki declares motion as lost.

5:20pm: After many withdrawals, Limuru MP Peter Mwathi is the first lawmaker to move a motion in the last half hour. His proposal deals with matters of national security. He seeks amendment to Clause (3) of Article 241 by deleting the words “National Assembly” appearing in paragraph (c) and substituting therefore the words “National Security Council and report to Parliament”.

Summary: Many of the proposed amendments at this point, are being withdrawn. Many MPs cite lack of required numbers for the amendments to be passed. In other cases, the members moving the motions are not present.

4:50pm: Proposed amendments to Articles 139, 142, 147, 148 also withdrawn.

4:45pm Amendments on Articles 101, 103, 106, 107, 127, 131 withdrawn

4:40pm - All amendment proposals on Articles 98 withdrawn. Movers cite lack of required numbers.

4:30pm - Article 97 ammendment by Margaret Kamar 'negatived'. Only 76 members present.

4:28pm - James Orengo withdraws his amendment motion on Article 97.

4:27pm - Amendment by Mwingi South MP - on Article 95 withdrawn. MP is absent.

4:26pm Amendment proposal 93, 94, and 96 (Role of Senate, Role of Parliament ,Role of National Assembly) withdrawn by mover James Orengo, says he cannot marshall the numbers required.

4:24pm 77 members present,. Motion fails

4:17pm Amendment motion to Article 90 by Eseli Simiyu seeking to have some clauses on allocation of party list seats deleted.

4:00pm - Members in the House are 107. Motion fails.

3:53pm - Motion moves to the Division stage. MPs to vote on the amendment.

3:52pm - Wilfred Machage- supports motion.

3:46pm - It is now time for Amendment motion 89 (onreview of constituency and Ward Boundaries) by MPAbdul Bahari: wants new clauses inserted provision to include population size, means of communication etc

3:44pm: Motion fails. Speaker annnounces there are 125 MPs present (the highest number today), but not enough for the 145 member threshold.

3:35pm - Parliament moves to vote on Article 85, which seeks to allow for Independent candidates to participate in an election.

3:34pm - Nambale MP Chris Okemo - Says some people may be held hostage by political party and the motion will enhance democracy.

3:31pm MP Cecily Mbarire supports, citing political party tyranny.

3:30pm - William Ruto: He supports motion, he says there are still parties living in the past. "It's time parties realise the importance of every member."

3:28pm Najib Balala gives support: says some political parties are "tribal and undemocratic"

3:27pm Bifwoli Wakoli: "This is the time when people who are honest, independent minded can go to the ballot"

3:26pm MP - "I support this will kill the tyranny of political parties...where candidates are rigged"

3:24pm - Martha Karua opposes amendment to Article 85 on political parties (which was on debate before the lunch break.)

3:20pm - Speaker Marende puts question to extend House debate. "The Ayes have it" he says.

3:19pm - Millie Odhiambo: Supports the motion, says MPs "owe this to the nation"

3:13pm - Martha Karua supports motion "We gave ourselves the deadline. It is necessary to extend..even if we guillotine it"

3:09pm - Njeru Githae opposes motion, says MPs not prepared to pass any amendment. "Even if we extend to tomorrow we..."

"The fear is that if we make amendments...during the referendum people will say members mutilated...murdered the draft." Calls on MPs to make resolution to move the Draft without amendments."

3:08pm - Speaker proposes question that House sitting be extended from 6:30pm to 11:50pm.

3:04pm - Jakoyo Midiwo: proposes motion to extend House debate until 11:50pm.

3:02pm - Procedural motion: Speaker Marende allows motion to extend House debate, says "House is obliged to conclude on all proposed amendments within 30 days... (a period) which ends by midnight today."

2:30pm - It now Parliament's Question Time. MPs must debate questions directed to government ministers before proceeding to the debate on amendments to the Draft constitution.

2:29pm Afternoon session begins with a prayer from Speaker Kenneth Marende.

Summary:

Quorum hitches continues to kick out most of the proposals by MPs in a bid to ensure that the Draft Constitution gets to the referendum without amendments. For most of the morning session, the numbers in the House did not hit the minimum number required.. The highest number of lawmakers reported present during the morning session was 77 - about half of the threshold of 145 lawmakers required to pass amendments in the House. Since yesterday (Wednesday) no amendment has been passed successfully.

12:30pm - Temporary Speaker rules that time is up. House adjourns until 2:30pm

12:29pm - Martha Karua - "MPs have to realise that until we invest in political parties...."

12:27pm - Amos Kimunya- Supports the motion, says the clause gives no time for MPs to make adjustments after after an election."

12:20pm - Wavinya Ndeti- "I think we are wasting a lot of time. People have made up their mind..." Speaker: We are going on as per the programme."

12:19pm Otieno Kajwang' on Article 85 on Eligibility to stand as independent candidate - wants all the words appearing after the words “is not a member of a registered political party,” deleted. The words are "and has not been a member for at least three months immediately before the date of the election"

12:17pm - 75 members present, and so motion 'negatived'

12:10pm - Amendment motion 79 on Ethics and Anticorruption Commission by Dr Eseli Simiyu, wants the clause on functions deleted and substituted with a new one.

12:04pm Amendment motion 76 by Joshua Ojode: He is not present - Speaker ruled the motion 'negatived.'

12:02pm - Chepalungu MP says Amendment 69 is a mistake.."We might as well reject the document." He withdraws motion.

12:01pm Article 68 by Amos Kimunya already withdrawn Speakers rules it negatived.

12:00pm: 66 MPs present. Amendment negatived

11:57am - (Temporary) Speaker Margaret Kamar says amendment motion moves to voting.

11:56am- Bifwoli Wakoli - supports motion. "We cannot limit the amount of land that one can have."

11: 54am - Supports motion -MP William Ruto: We agreed to these amendments in Naivasha. Issue of land a very serious issue. We are setting the stage for the defeat of this constitution in the referendum if not addressed. Says main problem in agricultural land is subdivision

11:47am - MP - "Kenya will continue to be a capitalist state. We should be thinking of introducing land taxes if to make sure land is put to use... Investors may find it difficult to do business with this clause."

11:44am - Chepalungu MP moves amendment motion that on Article 68 (Legislation of Land) clause that prescribes minimum and maximum land holding - says it sets the stage for taking over land that belongs to people. Why are we going too far in this constitution? he asks.

11:43am - 55 members present - below threshold - therefore motion on Land Commission negatived.

11:39am - Motion on Land Commission moves to voting stage.

11:38am - Jebii Kilimo: Supports motion, says "this commission is out to grab land from people who don't have title deeds."

11:37am - Sheikh Dor (Nominated) supports motion, says this will control corruption in the sector.

11:35am - "Creates a superior Land Commissioner - it is against the spirit of the Constitution allowing counties to have control of the land."

11:30am - Article 67 (clause 2 on the functions of National Land Commission be deleted and "Parliament shall enact legislation to provide for the functions of the National Land Commission.” be inserted) amendment proposal by Isaac Ruto moved.

11:28am - Shakilla Abdalla (Nominated) also withdraws her motion of amendment on Article 65 on land

11:26am - Chepalungu MP, Isaac Ruto withdraws his next motion on Article 65 - Land holding by non-citizens - be deleted. Says House not serious on amending motions. Amendment therefore negatived.

11:25am 62 MPs present - Motion negatived.

11:21am - Motion moves to voting.

11:17am: Millie Odhiambo (Nominated) seconds motion, says the Article 'balkanises' the country.

11:15am - Isaac Ruto on Article 63 on Land - seeks deletion of “ethnicity, culture or similar community of interest” in clause (1), and substituting therefore the words “geographical area or community of interest”; says it is land discrimination on basis on ethnicity, culture...

11:14am - Speaker: "77 members present, therefore amendment to Article 63 negatived"

11:09am: Amendment moves to voting stage.

11:05am - Dujis MP: "Strongly" supports the motion.

10:59am - Sophia Abdi-Noor (Nominated MP) Lets give the community to manage their own affairs, like this document supports devolvement.

10:58am - Najib Balala: Supports motion, says in Coast Province all parks, reserves owned by govt, it is time resources were devolved.

10:53am - Katoo ole Metito moves proposed Amendment 63 on Land that "government game reserves, national parks, government animal sanctuaries; or" be included as part of Community Land.

10:51am - Charles Keter - Belgut MP on a point of order wants more time to consult on Articles that have more interest. Speaker syas he has noted his concern

10:50am - 65 members present, amendment motion on Article 62 fails.

10:46 am - Speaker Marende says motion moves to division... MP Henry Kosgey says: "since we know that when bell is rang we'll not get the requisite numbers..." He is ruled out of order.

10:44 am - William Ruto - Supports motion, says Central government has no idea of the sensitivities involved, wants counties to manage the land

10:36 am - Chepalungu MP Isaac Ruto - "Meaningless to have devolution yet all land is being managed from Nairobi" Wants amendment to Article 62 clause 3 that "Public land classified under clause (1) (f) to (m) shall vest in and be held by the national government in trust for the people of Kenya and shall be administered on their behalf by the National Land Commission" to be replaced by "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.”

10:36am - 77 members present in House, which is below threshold. Amendment fails.

10:34am - Amendment proposal on Article 62 moves to voting.

10:32am: Supports motion, it takes the very thing that communities values. Gives example of Kaya Bombo forest.

10:27am - Katoo Ole Metito amendment on Article 62 (Public Land) - wants the words “government game reserves, national parks,
government animal sanctuaries, and specially protected areas” be deleted as part of Public Land, to be designated as community land.

10:26am: Joseph Nkaissery motion on Article 60 on Land - fails to pass - Speaker says MP not present in House

10:25am: Numbers of MPs present is 65, therefore amendment to Article 60 fails

10:17am -Speaker Marende says Article 60 be amended as appears in the order paper

10:13: Chepalungu MP Isaac Ruto moves motion of Amendment on Article 60 Clause (a) - that the word 'equitable' be deleted - "Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—(a) equitable access to land."

10:11am - There are 66 MPs in the House during time for voting. Speaker Marende rules amendment proposal to Article 45 negatived.

10:07am - Cecily Mbarire: Article being misinterpreted by MPs. Children's Act will say who a child is.

10:06am - Jebii Kilimo: This is going to reduce instances of cattle rusting, allow children to focus on education instead of being married off early.

10:01am: Member for Migori moves to support the amendment by Josphat Nanok

10:00am Josphat Koli Nanok MP moves to propose Amendment to Article 45, says the clause the legalise child marriages

9:57am: Tinderet MP Henry Kosgey withdraws his proposed amendment on Article 43 because "this is an exercise in futility."

9:56am -Peter Mwathi withdraws amendments to Article 41

9:55am: There are 55 MPs in the House - less than the 145 required Speaker rules the motion 'negatived'

9:54: MPs to vote on the amendment. Doors closed as Speaker evaluates members present

9:45am- William Ruto: Says Bill of Rights best ever craft in any, but adds that Article 40 negates the provision for rights to land. 'If we turn title deed into a piece of paper, then it means we cannot invest in land, he says.

9:40am- Chepalungu MP moves to propose amendment to Article 40 on the Bill of Rights, Protection of Rights to property, says State should not deprive a person of property - unless the person resigns from acquisition of it. Says the clause effectively devalues land.

9.38am - Limuru MP Peter Mwathi withdraws his two motions saying he has read the mood in the House.

9:37am - Motion to change article 32 on separation of church and state fails for lack of quorum.

9:14am - Debate on the draft constitution resumes after procedural matters are dispensed with. The first amendment motion of the day fails for lack of quorum.