HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1028756,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028756/?format=api",
"text_counter": 36,
"type": "speech",
"speaker_name": "Sen. Murkomen",
"speaker_title": "",
"speaker": {
"id": 440,
"legal_name": "Onesimus Kipchumba Murkomen",
"slug": "kipchumba-murkomen"
},
"content": "Mr. Speaker, Sir, imagine, even a law that governs the administration of this House like the Parliamentary Service Commission was hurriedly passed in the National Assembly, with a lot of mutilation of responsibilities of the Clerk of this House and the Secretary of the Parliamentary Service Commission, among other responsibilities. This is because people feared that if they brought it to this House, this House will scrutinize it and it will never pass the test. Now, we have the opportunity to scrutinize all those laws within the nine months that have been given by the courts, and failure to do so, all those laws will fall by their side. Mr. Speaker, Sir, I also want to emphasize here that this is not the last case. One, I fear for you because the powers that have been recognized of the Speaker and the responsibility you have with your brother in the National Assembly in determining whether a Bill concerns county, puts a lot of spotlight on you. Mr. Speaker, Sir, you have to stand firm because history will judge you, whether you will stand firm or you will waver. Some people will quietly come to you at night and tell you; can you accede to the following laws that they do not concern counties? We will be left with a fantastic judgment without a defender of that very judgment. That judgment is a sword by itself. It cuts both ways. It gives powers to this House, but gives you the responsibility to become vigilant because many people will come before you to arm-twist you to make decisions that are not going to be favourable to this House. Mr. Speaker, Sir, I need to suggest something that the Committee on Justice, Legal Affairs and Human Rights, Sen. Omogeni and the team will have to look at. We need to amend our Standing Orders to state in details the procedure of the operationalization of Article 110. This can include a communication from the Speaker on what decision he will have taken on Article 110, so that it is not just going to be the Speaker making the decision on Bills, but also the same decision be communicated to the House. Mr. Speaker, Sir, in a situation where there is need for mediation as to whether the law concerns the counties and should have been allowed to come to this House or not, then we should also put in our Standing Orders the procedure, including formation of a mediation team prior to the operationalization of that law. Lastly, we have achieved a lot, but there is a threat that is going to affect this House. The BBI will take away the gains we have achieved in that judgement, particularly when it comes to Article123 in terms of decision of this House where the people of Kenya already desired that decisions of this House must be passed by at least a half of the counties, not just the individuals sitting in this House of the Counties. We must be vigilant. I saw in the media, Sen. Orengo and Members of the ‘lower’ House saying, “this document cannot be opened and it must go as it is.” I hope that was a misrepresentation of facts. It must be opened up to discussion because there are some gaps. Mr. Speaker, Sir, how can you tell me that Article 218 that talks about division of revenue shall be vetoed by the National Assembly and, at the same time, tell us that 35 per cent of the money will go to counties? If you get a President who is a mjeuri, that President will say, I cannot be able to allocate 35 per cent; and there is nothing we can do The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}