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{
    "id": 1275802,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1275802/?format=api",
    "text_counter": 326,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "People will ask what the role of Parliament will be when we anchor 55 per cent and an extra five per cent in case of a breach. The result of this law is that they will give an update in case the Cabinet Secretary exceeds the set percentages. Therefore, it is within our interest to bring down the percentage from 64.1 per cent to 60 per cent of our Gross Domestic Product (GDP) in terms of borrowing in the present value terms. Is there a disease; a cancer or a terminal illness at the State Law Office? Article 93 of the Constitution defines Parliament as the National Assembly and the Senate. I know they are watching these proceedings and they can refer to that Article. Yours truly and Sen. Faki drafted pleadings and went to the High Court to seek interpretation of Article 110 on non-concurrence of over 24 legislations. Who are the drafters of this Bill? Why would they want to conveniently move the Senate away from participating in the public debt discourse? Public debt is not a concern of Members of the National Assembly or the national Government alone. It is also a concern of the counties. When the national Government takes a loan on behalf of Kenya, it is not for the national Government alone. Money is borrowed on behalf of all people who are in counties. In the height of the hearing on the role of the Senate in the Division of Revenue in 2013, the Chief Justice Emeritus Willy Mutunga asked: “If you are borrowing and spending money, where are you spending the money at? I thought you are spending in the counties.” This is the question Members for the National Assembly and the drafters of this Bill at the State Law Office. We must be candid. I do not know the intention of the supremacy battles between the National Assembly and the Senate. The National Assembly should accept their role as junior brothers. The amendments propose that the Cabinet Secretary shall submit the reports to the National Assembly. This is unfortunate. I believe it was the mistake of the drafters. Why would you submit to the National Assembly? Where is the role of the Senate? Article 93 of the Constitution is clear. We do not want to go to court. These are small things that can be rectified. The Committee on Finance and National Planning in the National Assembly should be responsible on the issue of public debt. They should consider the report and submit it on the Floor of the Senate. As the fourth Senate, we should not legislate ourselves out of our legislative business. Why are we legislating ourselves out of the role that we have been given under Article 96? The role of Parliament is to legislate, oversight and represent. I am here on behalf of the great people of Nandi County who are close to one million, despite the fact that the county has six Members of the National Assembly. When borrowing, they want the Senate to be involved, but when assessing reports and budgeting for the money borrowed for international organizations, we are sidelined. I encourage my colleagues from both sides of the House, let us not legislate ourselves out of our work. We are slowly taking ourselves out of our work. The Bill proposes that the National Assembly shall discuss the report from the Cabinet Secretary. The Committee on Finance and Budget of the Senate must consider the report and table their verdict. If I am told that the people paying public debt through taxation are not in the 47 counties, then I will not have a problem. Unless there is a different set of Kenyans who"
}