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{
    "id": 1213565,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1213565/?format=api",
    "text_counter": 378,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "However, when we will discuss with the Mover of the Motion, Sen. Mungatana, we will increase the fine because you cannot fine a Cabinet Secretary (CS) Kshs500,000. That is like chicken change. We need to enhance and make it punitive, even up to Kshs5 million, and enhance the term to even three years. We should even include another punitive measure of failure to appear. For example, if it is a CS who fails to appear, a Motion of no confidence should be brought and we pass it. This should be serious because you are defying the House. The status of the House of Parliament is that of a High Court. You are defying an order of the Court. You and I know the consequences of defying a court order. So, we must be very punitive. If, for example, the Clerk, Mr. Njenga, processes a report and takes it to NLC and the Chairperson of the NLC ignores it, we must make it painful and punitive in order to deter officers who do not follow the orders of Parliament. I am not saying Mr. Njenga is the Clerk, but he is a Clerk-at-the-Table because we have our substantive Clerk. I am saving him the trouble, so that people might not misinterpret. However, maybe he will grow old enough to become one. We need to increase the fine and ensure the term exceeds six months. Finally, where a response is sought on the implementation of more than one resolution, the relevant speaker may direct the responsible officer to submit a single report on the status of the implementation of those resolutions. That just means a progress report. You remember the President also has an obligation of tabling some of the reports before the House during the State of the Nation Address. Therefore, this part does not limit the power of Parliament to require information from, in accordance with the Constitution or any other law. Therefore, in as much as we are asking the DPP to prosecute the perpetrators of extrajudicial killings, it does not limit our power to demand more information from him or any other role. Article 117 of the Constitution is clear, and those are the powers that we are trying to ensure that we put in order. In conclusion, this is the 2010 Constitution and it keeps growing and improving. There are many court decisions that will always affect the way we implement our Constitution and ensure we come up with legislative and policy interventions at any given point. I call upon our colleagues to support this Bill. This is a very straightforward Bill. It is more of a procedural Bill. I hope our brothers and sisters in the National Assembly will not in any way introduce the issue of Money Bill. I remember we went to the Supreme Court on the issue of Money Bills. I do not see a reason the National Assembly should delay our Bill. In my proposal when we appeared in the Milimani High Court before Justice Weldon Korir, during my tenure on the Speaker’s Panel, one of the things we sought was signing of a concurrence certificate by both Speakers of the Senate and the National Assembly. The Senate is the ‘upper’ House. I hope everybody is aware of that. We need them to sign a concurrence certificate to show that the Bill has been passed by both Houses."
}