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{
    "id": 111032,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/111032/?format=api",
    "text_counter": 275,
    "type": "speech",
    "speaker_name": "Prof. Olweny",
    "speaker_title": "The Assistant Minister for Education",
    "speaker": {
        "id": 122,
        "legal_name": "Patrick Ayiecho Olweny",
        "slug": "patrick-olweny"
    },
    "content": "the name of amendments that were made to the Independence Constitution, which was the best Constitution that we could have had. Mr. Temporary Deputy Speaker, Sir, it is unfortunate that the Independence Constitution was amended so many times such that the document that we have today, in the name of the Constitution of Kenya, is so different from what we had at Independence. It was amended so as to give previous regimes room to detain, murder and abuse the rights of others. Somewhere along the line, as Kenyans were crying for change, we came up with some reforms under the Inter-Parties Parliamentary Group (IPPG) initiative. Earlier on, we had the repeal of Section 2A of the Constitution. It is unfortunate that the last Parliament threw away the reforms that were effected through the IPPG initiative. It is unfortunate that the last Parliament could not let us have a new Constitution. I was part of the last Parliament, but what that Parliament did is what led us into bloodshed after the general elections. It is very unfortunate that the last Parliament could not give us a new Constitution which Kenyans longed for so much. That Parliament threw away the gains we had registered over the years. Mr. Temporary Deputy Speaker, Sir, this Parliament has the opportunity to go into the books of history as having given Kenyans the new Constitution that we have searched for, for so many years. Why did Kenyans look for change? It is the imperial presidency that we have had. The President would one day say: âSo-and-so should dieâ, and Tom Mboya died. He would, on another day say: âSo-and-so should dieâ, and J.M. Kariuki died. He would say: âSo-and-so should dieâ, and Dr. Robert Ouko had to be killed as he was watching. These are some of the things that made Kenyans to long for a new Constitution. This countryâs imperial presidency had the power to hire and fire. When the President felt that you were not serving him well, you would be sacked. So, we are coming up with a Constitution that will check the powers of such presidents. This new Constitution will allow the National Assembly to reject appointments of persons who, in the opinion of the National Assembly, are not fit to hold public office, and endorse appointments of persons whom, in the opinion of the National Assembly, deserve those appointments. Mr. Temporary Deputy Speaker, Sir, during the search for a new Constitution, many Kenyans suggested a parliamentary system that would allow for power sharing amongst the President, the Prime Minister, the Senate, the National Assembly, the regional assemblies and the counties. Unfortunately or fortunately, what we have in this Draft Constitution is a Presidential system because others thought that coming up with the position of a Prime Minister would create two centres of power, which were thought to be dangerous. People thought that if we have a Prime Minister and a President, there will be conflicts that would put Kenya into jeopardy. However, a presidential system can be very dangerous, as we have seen in this country and in Africa at large, if it is left unchecked. A presidential system needs proper checks and balances. It needs a strong Senate and strong regional assemblies, so as to check Mr. President, who can be a very deadly person if left unchecked. We have seen people killed in this country. We have seen people who have been detained in this country. We have seen people who have been sacked from their jobs in this country, all because of the powerful Mr. President. Mr. Temporary Deputy Speaker, Sir, I strongly support the creation of a strong Senate for this country. If anybody is of the opinion that we should make the Senate"
}

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