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{
"id": 1066163,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1066163/?format=api",
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"type": "speech",
"speaker_name": "Sen. (Dr.) Mwaura",
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"speaker": {
"id": 13129,
"legal_name": "Isaac Maigua Mwaura",
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"content": "ethnic conglomeration, then 67 per cent of this country comes from the so-called five ethnic groups. I prefer to call them ethno-political derivatives because they are not really ethnic groups; they cannot speak the same language in one sitting like this. However, it is a political identity, so they are ethno-political identities. The question would be: if that is what would make the country to move forward, so be it. If that is what is going to make us not fight, so be it. However, two things arise from this consensus. One, how do you make sure that you disperse power of the presidency without emasculating the presidency itself, so that you do not end up with a weak president who cannot command any respect? That is on one side. On the other side, how do you make sure that you have offices that are functional and do not have an all too powerful President? The most powerful position after the President, in my opinion, is the Attorney-General because he will sit in the Judiciary as a JSC Commissioner; he will be a Cabinet Minister in the Executive and also a Member of Parliament. In terms of power relations, it will be a question of power dynamics. As I conclude, I think that is a good compromise. However, because I can see that my time is over, I want to say that politics does not always follow logic. Bridging the gap between the two is not only the genius of leadership, but the masterstroke of any country’s development. Politics is not for the perfect; it is about finding relevance in those imperfections and impacting the lives of many for the betterment of society. We, as legislators, have one last moment to interrogate our decision because it does not matter how good you are or how eloquent one speaks, the most important thing is whether you make the right decision for your country. I believe that a constitutional consensus may not be perfect, and I would prefer if the referendum Bill would have provided for multiple questions, so that you do away with what you do not agree with. Now that we have to vote for a Bill, I think in my opinion the proposals so presented are largely okay. The intention may be questioned by many people, and I hope and believe that the BBI shall be used for the best interest of this country. I have reservations with the number of nominated Members. I think that the National Assembly will be very crowded and Members will not even be able to speak. However, that is what we called for when we talked about the two-thirds gender representation, unfortunately. It is like speaking from both ends of your mouth. I have serious reservations with the issue of the Ombudsman and the way he is appointed, but that office needs to be there in the Judiciary, possibly appointed by the JSC. I fear for Judges because they may actually be intimidated by the JSC, which now has the powers to suspend without the formation of a tribunal as is provided for in the current Constitution. These are things that would have been cured if we had gone by the logic that whatever went to the county assemblies was the draft Bill and, therefore, that draft Bill can be amended in the Senate. Since the referendum Bill did not seal all the lacunas in law, I hold the view that I do not believe that Parliament, as it is as per the letter of the Constitution, will have 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."
}