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{
    "id": 1372614,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1372614/?format=api",
    "text_counter": 186,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "want to transfer that function to the national Government, we begin by amending the Constitution. If we do not, we will be enacting a law that is clearly unconstitutional. We should take our work seriously. Legislation is not a joke. In other jurisdictions, differences between two Houses; the House of Representatives and the Senate can lead to dissolution of the entire House. It has happened seven times in Australia. Therefore, we should not shy off as Senators from telling off our colleagues from the other House that the amendments that they are trying to push through are unconstitutional. Let us not joke with issues of water. Water has caused war even in this part of the world, including, in Kenya. The conflicts we have in Eastern is triggered by fight for water. If you go to the Far East, the conflict between Israel and its neighbours relates to water of River Jordan. We have had the Nile Treaty Agreement I think for over 70 years since 1959. The nine neighbouring countries that enjoy the water of the Nile Basin have respected that Nile Basin Treaty. If not followed, it can trigger war, not just between Egypt and Sudan, but even among the other nine countries along the Nile Basin. Mr. Temporary Speaker, Sir, any time we get a Bill like this that wants to deny counties their constitutional mandate, we should proceed cautiously and also have a moment of self-reflection. I wish Sen. Cherarkey was here. It should not be our business that every time we sit as Parliamentarians, we pass bad laws, and then we throw up our hands and say, “courts will deal with it.” Courts will get tired. It will also become a collective shame to the nation. We should be candid. If a law is unconstitutional, let us be bold and say so. Period. So that we win the respect of Kenyans. It cannot be that we were elected 67 of us and we have no brains to think. Sen. (Dr.) Khalwale is a very senior Senator. He has done about five terms as an elected Member of Parliament. So, he should be able to enact laws that conform to the Constitution of the Republic of Kenya. Reading the proposed amendments, clearly, as a lawyer, I can see that they are unconstitutional because we want to transfer functions that are reserved for county governments to the national Government. We are supposed to be a country that is strengthening devolution, not clawing back. If we cannot protect counties, then what will be our business as Senators? It seems we have no business. When the current regime took power, we got a memorandum from the Head of State written to us. He said in black and white, that he expects Members of Parliament both in the National Assembly and the Senate to discharge their functions independently. So, you have no cause for fear. We must discharge our functions independently in accordance with the Constitution because we swore to protect it. So, if you transfer all these issues dealing with bulk waterworks to those regional bodies what will the counties be doing? Several issues should be of concern to us other than fighting as to who should do what. The Constitution of Kenya 2010 is very clear that we are one country with one national Government and 47 county Governments. So, we should cooperate and not have The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard Services,Senate."
}