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{
    "id": 1375757,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1375757/?format=api",
    "text_counter": 191,
    "type": "speech",
    "speaker_name": "Sen. Mumma",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, we need to operationalise and this is what Sen. Osotsi is enabling us to do. When people are in positions of power, they tend to imagine that they are not subject to the rule of the law. That is what is happening with several people, both in the Executive at the national level and with governors, the executives at the county level. There is a reason why our governance system is designed in the manner that it was designed; a democratic system where you have the three Arms of Government which act as a check and a balance to each other to enable all of us to know that we are not the ultimate power unto ourselves. All three Arms of Government report to the people of Kenya and are expected to deliver their services in accordance with the Constitution. Our role, as Parliament, is to oversight the Executive by looking at what they are doing to ensure that it is done in accordance with the law. Mr. Speaker, Sir, where there is an issue, we need to verify whether they have acted in accordance with the law or not under Article 125 to enable them to come and explain themselves why an issue seems to get off-track, recognising that they are subject to the law and they are not a law unto themselves. The Powers and Privileges law has been in place, but it does not seem to be working. We have a category of public officers who think they are above the law. Among them, are some Cabinet Secretaries, Principal Secretaries and governors. This law is absolutely important and we need to add all these provisions that Hon. Senators have contributed to, particularly on the issue of levying higher fines than we currently do to ensure that officers who refuse to honour summons will be cited for contempt of Parliament. Mr. Speaker, Sir, Sen. Osotsi needs to create that offense of contempt of Parliament. Article 125 says we have similar powers as the High Court and when you do not do what the High Court requires you to do, you are cited for contempt of court. We need to specifically create that offense of contempt of Parliament and proceed to say that contempt of Parliament will attract the following sanctions. I support colleagues, Sen. Methu and Sen. Thang’wa, who spoke to a fine that is more than Kshs2 million. Sen. Thang’wa’s proposal that we provide for a minimum of Kshs2 million and a maximum of Kshs10 million is good. When this came to the Committee on Justice, Legal Affairs, and Human Rights (JLAC), we said that this cannot be monies paid by the people of Kenya. This money must come from the personal resources of the officer who has been cited for contempt of Parliament. You cannot take funds that were intended for a particular project to go and pay fines for a Cabinet Secretary or a governor."
}