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{
    "id": 1030876,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1030876/?format=api",
    "text_counter": 247,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "Madam Deputy Speaker, on the issue of Article 123 that is proposed to be deleted, the Committee made note that Article 123 plays a very important role for the Senate because it is the one that gives guidelines on how decisions are made in the Senate. This Committee has proposed that the proposal to delete Article 123 from the Constitution should be disregarded and the prevailing position retained, so that Senators who are delegates from counties are allowed to cast their votes as delegates. Madam Deputy Speaker, we have borrowed this from various jurisdictions where Senators represent states. They do not represent constituencies. In our case, we present counties. Madam Deputy Speaker, on Article 108 of the Constitution, we noted that the BBI has proposed amendments and provided for leadership positions in the National Assembly. It is the recommendation of this Committee that there should be a provision for leadership positions in the institution of Parliament and not the National Assembly. Madam Deputy Speaker, the Committee proposes that whereas the National Assembly will have the position of Leader of Official Opposition and the Prime Minister, the BBI should consider either creating the position of Leader of Government Business in the Senate or retaining the prevailing position, where there is the Leader of Majority. Leadership of the Senate should also be anchored in the Constitution. Madam Deputy Speaker, on Article 153, the Committee noted that now that we have rearrangement of the Executive, there should be clarity that to enhance the oversight role of the Senate, the Prime Minister and all Cabinet Ministers should be allowed to appear before the Senate to respond to questions on accountability as my be raised by the Senate. Madam Deputy Speaker, on Article 171 of the Constitution, which creates the office of Ombudsman, the Committee supports in principle the creation of the Office of Ombudsman, but in view of the fact that this office will be investigating judges, the Committee recommends that the Ombudsman should be an ex-officio Member of Judicial Service Commission (JSC) without voting powers. Madam Deputy Speaker, to also reduce the politics or the politicization of the institution of the Judiciary, the Committee recommends that the report of the Ombudsman should be tabled to the JSC and not Parliament or the Head of the Executive. Madam Deputy Speaker, this is to enhance the independence of the Judiciary and balance the interest of Kenyans of wanting to have some accountability on the institution called the Ombudsman. We also recommend that the Ombudsman should be vetted and approved by the Senate and not the National Assembly. Madam Deputy Speaker, on the proposed Article 200 and amendment to the Fourth Schedule that wants to give different status to the County of Nairobi, we made an observation that this may be a violation of Article 27, where the County of Nairobi is being singled out for discrimination and treatment that is not the same with the other 46 counties. This may elicit court litigation. The Committee recommends that all the counties should be given equal status, and where necessary, transfer of functions should be through an Act of Parliament. 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."
}