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{
    "id": 1227245,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1227245/?format=api",
    "text_counter": 397,
    "type": "speech",
    "speaker_name": "Sen. Sifuna",
    "speaker_title": "",
    "speaker": {
        "id": 13599,
        "legal_name": "Sifuna Edwin Watenya",
        "slug": "sifuna-edwin-watenya"
    },
    "content": "I cannot seek an expression of opinion from a CS. I cannot ask the CS for Defence or the one for Interior and National Administration, for example, that ‘in your view, Bw. CS, have the measures that you put in place to protect the people of Baringo been successful?’ I cannot do that because we have tied our hands in such a way that, in fact, this is something totally useless to us as a House. I think we have unnecessarily tied our own hands. Lastly, there is something that the Senator for Busia alluded to. Under Article 125 of the Constitution, the committees have been given power to enforce attendance of witnesses. In fact, if a CS fails to honour the invitation of a committee, we have the power to summon them, tell them to bring documents or compel production of documents and examine them under oath. I have not seen a provision here that will allow us to examine a CS under oath. If they come and refuse to take oath--- That has happened in the County Public Accounts Committee (CPAC). There are governors who came and insisted to be shown the provision that requires them to take oath. Luckily for us, we have the Constitution to hide under. Article 125 of the Constitution will tell someone that they have to take oath, so that they ensure what they tell us true. The reason people take oath is because there are consequences on what they say. If we have not provided that CSs should take oath, we cannot summon them. If we cannot ask them to bring documents or compel their attendance, you have provided in these Standing Orders that all we can do is to start Motions of censure. Why would we, as a House, take away constitutional powers that have already been granted to committees of the House, yet the entire House is not availed those same tools? Having said that, we need to respect the structures in our Constitution because we have separation of powers. Other institutions are defending their turf. We are the only institution among the three Arms of Government that is giving away its role in the democratic space in this country. The other day, the court strongly pushed back against an attempt by some people to bring in the courts in terms of enforcement of Article 37 rights. They said that everybody has their role. Why are we, as a Senate, ceding grounds? You know that every single ground you cede, it is taken up by another arm or body. Luckily for us because we still have an opportunity to ventilate these matters before the courts, we are hoping that we will succeed before any of these people step here and soil this hallowed House. I thank you."
}