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{
    "id": 1227170,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1227170/?format=api",
    "text_counter": 322,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "One of my biggest pet peeves is; should I be a legislator that comes here to defend the rule of law, or should I be a legislator who comes here to rubberstamp issues which cannot stand any form of litigation? That is the biggest challenge that I have. I was waiting for the secretariat to demystify what it means by a CS sitting here on this side. Yesterday I listened to the Speaker giving his communication. In fact, he even assigned a seat where CSs will be sitting. I went round the entire Narok County and spent millions of shillings asking for votes and I was tasked with the duty to represent the people. I was given the privilege by the people to come and represent them here, yet somebody who is appointed can come and sit here when the Speaker is presiding over the House to answer questions. It is time we defined our system of governance in this country. Are we a parliamentary or presidential system? Do we have our own system which we call the Kenyan system? If so, we should amend the Constitution taking into consideration what is required when it comes to amending the basic structure of the Constitution? If I support this Motion, I will be committing an offence because I will be violating the Constitution. If the Chair can tell me that on a specific day when a CS comes here, the House will be converted to a committee, I will have no beef. However, as it is, this is a matter I will be giving fodder for the people who will go to court and say that Sen. Olekina also sat there and supported an illegality. Madam Temporary Speaker, I want to be considered as having been different when it came to following the due process of the law. I want to be remembered as a person who stood firm and said no. The day we convert this House to a Committee of the Whole--- By all means, any witness can appear before any Committee of Parliament because the law is quite clear. We have Article 125 of the Constitution and the Parliamentary Powers and Privileges Act. Sections 18 and 19 gives us the power to summon or invite witnesses to interrogate or ask them to give us information that we need, so that we can perform our tasks. Madam Temporary Speaker, without belabouring the point, I oppose this Motion because first, it goes against the basic structure of our Constitution. Secondly, this Motion violates Article 153 of the Constitution of Kenya. If we sit here but the Speaker is not there and we turn this into a Committee of the Whole, and there is no Mace here, I cannot entertain having a stranger. When the Senator for Bungoma was elected following a by-election and he came to this House, since he had not taken the Oath, he sat at the Speaker's Gallery as a guest. The only person who is allowed by law to sit on the Floor of this House is an elected Senator, and of course, members of the secretariat who support us here. That includes the Serjeant-at-Arms and the Speaker whom we elect to be our referee. Any other person who sits here during plenary, it is a violation of the Constitution of Kenya and I do not want to be the first one, or among the people who violated the Constitution of Kenya. I thank you and oppose."
}