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"content": "Madam Temporary Speaker, the NADCO was a bi-partisan process. Members of the Committee that was formed by both Rt. Hon. Raila Odinga, former Prime Minister, and President William Ruto has borne fruits. One of the achievements we have made is that we now have the Broad-Based Government where we working together. One of the Bills as a result of that process is this."
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"content": "I am waiting with excitement the Constitution of Kenya (Amendment) Bill. As a Member of the Speaker’s Panel, you need to clear something because I have seen you being introduced in two ways. Sometimes it is said that you come from Busia but at times, it is said that you come from Kisumu. You need to make it clear for some of us, so that in future, we know where to place you. You are also a Member of the Committee on Justice, Legal Affairs and Human Rights. How Kenya is, even as these Bills of NADCO have been processed, we must broaden and widen the Executive. The fact that in the current Constitution we only have the President and the Deputy President will not accommodate the divergent nature of Kenya. We have"
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"text_counter": 1100,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
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"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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{
"id": 1549175,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549175/?format=api",
"text_counter": 1101,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"content": "heightened campaigns, jostling and pushing for executive power because, one, the winner takes it all. Two is because there are only two positions. Madam Temporarily Speaker, we must have an expanded Executive where we have the President, the Deputy President, Executive Prime Minister, two Deputy Prime Ministers and we have a leadership that is clear. I do not see the need to appoint a Member of Parliament (MPs) and they resign; we go for by-election and the country incurs expenses. Let us allow MPs be appointed to the Cabinet. Let us give them sitting allowances in the Cabinet and save salaries so that we can have a country. Madam Temporary Speaker, I hope in the nine Bills that we are intending to bring, and one of them being the Constitution (Amendment) Bill and this one being Statutory Amendment Bill. I am happy the ‘youth leader’; Sen.(Dr.) Oburu Odinga, looks excited, especially when I mention the issue of expanded Executive, because we want his brother, Rt. Hon. Raila Amolo Odinga to continue serving as the Prime Minister of the Republic of Kenya, going into the future. They are doing good work with the President. Secondly, it was Section 11 on the amendment on the Statutory Amendment 2024. When you read the parent Act; that is, the Statutory (Amendment) Act of 2013, it is very clear. On the Committee on Delegated Legislation, I think in the last session, I do not know, whether Senator Faki is lucky, or always lucky, because in the last session, when the reorganization of committees in 2020, he became the Chair of the Committee on Delegated Legislation. He did very good work. I would have expected him to go back, but I think he decided to deal with issues of land in thecoastal region and the entire country. I remember at that time, we used to argue on the timeline of Committee on Delegated Legislation. They might have tried as a committee. Madam Temporary Speaker, Section 2 of the Statutory Instruments Act of 2013, the definition of Regulatory Making Authority, has been given an obligation to do their job. I remember during the tenure of Sen. Faki as the Chair of the Committee on Delegated Legislation, some of the regulatory making authorities were delaying in doing their job. In fact, we had to argue on operationalization, because after we have passed a Bill, the parent ministry is given authority to do regulations. They stall the operationalization of that Act of Parliament, because they are not very keen in bringing regulations. I am happy it has been made now mandatory, that within 12 months, they must give us timeline for regulation. Sen. Madzayo, you remember it took so long for regulations on the Data Protection Act, the Information Act of 2016, to be brought to Parliament. This was because somebody somewhere in the Ministry was sleeping on the job. I am happy they have been given within 12 months to ensure those regulations are formulated and passed, so that they do not stall our work. Madam Temporary Speaker, out there, the Senate and National Assembly appear not to do their work, because after we pass an Act of Parliament, somebody goes to court"
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"text_counter": 1102,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
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"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1549177,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549177/?format=api",
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"content": "to challenge the implementation of the law and the regulations are not published. When we try and explain to people that the regulatory making authority has not brought us regulations, they imagine we are abdicating our duty. I agree the punishment should be around Kshs2 million. The proposed fine of Kshs500,000 is chicken change. We must have at least Kshs2 million because we are punishing a Cabinet Secretary. Let us assume the parents regulatory making authority should be the Ministry. If you are now punishing or fining only a Minister, Kshs500,000, you can imagine they will just laugh at you the way we were trying through Sen. Osotsi’s Bill, where we are saying when somebody who fails to appear before a Committee of Parliament, we just fine them Ksh500,000. Madam Temporary Speaker, we find governors who are smiling all the way to the committees. I have been a veteran in the County Public Accounts Committee. When we fined the former Governor Charity Ngilu Ksh500,000 shillings, she just asked us, “where can I pay. Can I pay by M-Pesa or in cash?” We guided her that it must be deposited through the Clerk of the Senate. So, we must increase the fine so that we make it painful and punishable going into the future. Use of technology, that is amendment of Section 18 and 19 is both to publish and revoke, because whenever you want to explain something with this digital era, we must go online. The website is important. I know Sen. Osotsi has always had a problem with people who learn technology issues. Even in ICT, we have always had a challenge. When there is revocation by the concerned clerk, either of the Senate or National Assembly, they should publish on the website through the Kenya Gazette I am the co-convener of Open Governance (OGP) in Parliament. One of our tenets of OGP is transparency and accountability. The only way Parliament will be accountable, colleague leaders, is by publishing what we do, so that it becomes easy to ensure accountability. Madam Temporary Speaker, sorry, I had not seen Senator Methu. I thought he was with the President in the tour of ‘ Mrima’ . We must ensure that there is revocation and publishing of regulations. I agree with Section 23, because, Madam Speaker, we want to prevent busybodies. Now, they say regulations might be considered through the standing orders of the Senate or National Assembly, and as per the Act. The parent Act of that regulations must be considered. Just to take you back, Section 5A, of the Statutory Instruments Act of 2013, talks about explanatory memo. One of the conditions of explanatory memo before you bring before Parliament is that there must be adequate public participation. Most of our Bills that we have passed on the Floor of the House--- I remember Sen. Mungatana was mentioning Omtatah, have been felled by the stroke of the pen by the judges of court because of only one simple thing; lack of public participation."
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"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1549179,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549179/?format=api",
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"content": "In the explanatory memo under Section 5A of the Statutory Instruments Act of 2013, one of the grounds is public participation. They must show how consultation was done to ensure we do not open it up for challenge. We are not saying courts should not interpret the law, or question the process of Parliament. I remember in Speaker Mate’s case where a court said we cannot challenge a process, especially on impeachment, that we only challenge at the tail end. We are not saying courts should not challenge, but we are worried when courts want to overreach their mandate to do legislation. That is why sometimes some of us ask what the role of court is. Are they keepers of particular individuals? Why is it that courts have dealt an injunction on Competency Based Curriculum (CBC) and the university funding model?"
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"speaker": null,
"content": "[The Temporary Speaker (Sen. Mumma left the Chair]"
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"speaker": null,
"content": "[The Speaker (Hon. Kingi) in the Chair]"
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