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{
    "id": 1227231,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1227231/?format=api",
    "text_counter": 383,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13588,
        "legal_name": "Osotsi Godfrey Otieno",
        "slug": "osotsi-godfrey-otieno"
    },
    "content": "a House of records and rules. Therefore, it should take a lead in protecting constitutionalism in this country. I have listened very carefully to contributions. I have had the benefit of being in the other House. I have seen scenarios where one side of the House forcefully pushes through legislations, but later on, that piece of legislation comes back to hurt them the most. This House has to debate and pass laws or Standing Orders for posterity and not for political expediency. I have heard my young sister, Sen. Okenyuri, talk about election pledges. We all gave election pledges. Even if we want to implement them, let it be done in line with our Constitution. We cannot just push through issues because you promised Kenyans what you want to do. They must be done lawfully and in a manner that aligns with our Constitution. I have also listened to Members say that by Cabinet Secretaries (CSs) coming to this House, it will make them more effective and useful. I tend to disagree with that notion. Article 153(4) of the Constitution of Kenya is very clear on the issues of decisions, responsibility and accountability of CSs. I emphasize Article 153 (4) (b), which states that – “(4) Cabinet Secretaries shall - (b) Provide Parliament with full and regular reports concerning matters under their control.” Madam Temporary Speaker, we have Committees in this House. Are we telling the whole world that our Committees are not functional? We need to insist on CSs providing reports to our Committees and make them work. What is processed by Committees is brought here. However, when we say that when CSs appear before us, we will be more effective is not being truthful. That clearly shows that we are not working in the Committees. Secondly, Standing Orders form part of parliamentary law. It is our law in this House. Being a parliamentary law that we use to process other laws, then, it is important for this law to go through public participation. Article 118 is very clear. Article 118 (1) (b) states that - “(1) Parliament shall- (b) Facilitate public participation and involvement in the legislative and other business of Parliament and its Committees.” We cannot be passing Standing Orders here without going to the public. Maybe, if we took these Standing Orders to the public, they will have their input. They will tell us that this is unconstitutional. They may even give us some useful input. Now, you subject these Standing Orders to the Committee, then, it writes a report and that is all. Then, you bring it here? This same House is going to pass other legislations, which are supposed to go through public participation. Is this not contravening Article 118 of the Constitution? This must be looked at very clearly, with a sober mind and without political persuasion. I am very sure that those who are supporting are not doing so because their conscience is telling them so. It is because of the political situation of the moment."
}