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{
    "id": 1066204,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1066204/?format=api",
    "text_counter": 170,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "National Assembly you have got to have some element of climate control in the Senate, they refused. I am going to point to a few weak clauses in this. I want to tell the principals that there are people even within the handshake who are responsible for creating this mess and the anomalies in this draft. They are the ones. The sabotage is within you. Small little typographical errors that even a first year student would not make. How do we end up with typographical errors in a document that has come from the highest possible place? It is an embarrassment. Let me point out to three, what would appear---. You have mentioned about Judges. I had the pleasure of representing two Judges who were removed by the then Minister for Justice, Kiraitu Murungi in collaboration with the late Justice Gicheru in something they called “Radical Surgery” where the surgeon forgot about the past of his patient. Morticians. What was then according to NARC a way of getting rid of KANU Judges and I represented them. Let me tell you, that was the beginning of causing mayhem in this country. The person who included Clause 43, in my view, is an amateur student of drafting because Article 168 of the Constitution on the question of removal of Judges is a chapter on its own. That chapter talks about how you suspend a Judge. The Judge can only be suspended on the recommendation of the JSC to the President and then the President appoints a tribunal. This poor draftsperson, a person who does not even qualify to be my pupil at Kilonzo and Company Advocates put a clause to suspend a Judge through the JSC without any recourse, policy or a right of hearing. Poor draftsmanship! Can that be enough for us to nullify this draft? The answer is “no” because you cannot implement it. If you think you are going to remove Justice Mwilu by this clause, forget it. It will not happen. The second one. This House spent a lot of time doing what we call the third generation formula and that is a special jurisdiction, what we call jurisdiction switch genres under Article 217. I know where Sen. Kihika stood and I know where Sen. Cherargei stood. However, in the end we made a resolution for five years. When you amend Article 203 to include per capita as a method for dividing revenue and you make it a constitutional issue, you have to be an amateur. This is because, one, there is no transition for that per capita to become revenue for third generation. Two, you cannot amend it unless you get 42 Senators which is not going to happen. If BBI passes and we are 94 here it will become even more difficult. So what was the purpose? I think that person thought by making that amendment he was going to make a few of his tribal people happy. It cannot happen. The Commission on Revenue Allocation which has the mandate of dividing revenue told us that they considered the question of per capita and felt that you cannot introduce per capita for counties if you cannot introduce it for national. It is discriminatory, it is unconstitutional. You are not building bridges, you are digging holes for counties like Lamu, Tana River and Isiolo. What makes you think they are not Kenyans? It is an anathema. 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."
}