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{
    "id": 1425256,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1425256/?format=api",
    "text_counter": 193,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "was aimed at being curtailed. They have attempted to define what wasteful expenditure means under provision of Subclause 5. It says- “The cost in respect of the wasteful expenditure under Subsection 5 shall in accordance with a prescribed procedure, be recovered without delay from a public or a state officer, including a holder of a political office.” In this case, whether they are members of this House who are members of certain committees or who are members of certain groupings that have decided to advise the House lawfully to take action in court or who caused the House of Parliament not to comply with the requirement of this section. Even if we desired to say we are under an obligation to ensure that we enact law and, therefore, we amend the provisions of this Bill, that is one such provision the committee could not appreciate. We cannot understand why the membership of the National Assembly could include in a Bill and allow it to go through the process until it is passed and forwarded to this House for consideration. Mr. Deputy Speaker, Sir, as I had indicated earlier on, in principle, this Bill seeks to fundamentally restrict the legislative and representative mandate of the Senate as provided for by Articles 94, 96, 109, 110, 112, 114 of the Constitution in almost 80 per cent of its provision. Secondly, the Bill violates the Constitution by derogating from provisions of the Constitution and judicial pronouncements on the procedure of introduction and proceedings of legislation in the two Houses. The case in point is the existing cases in the Court of Appeal and the High Court where certain pronouncements have been made on whether a Bill is a Money Bill or not. This Bill is completely derogating from that pronouncement. As I have already submitted, Article 118 of the Constitution of Kenya, which mandates public participation has been taken away by the provision that if one House has considered this, the other House has no obligation to do the same. Lastly, as I have said, the provision that restricts us from exercising the right as a House or as individual Members to advise the House on certain actions that can require going before a court of law has been restricted. That in itself is equally unconstitutional. Mr. Deputy Speaker, Sir, as a whole, however much you would have desired to support and amend this Bill even if it means going for mediation and enhancing the bicameral relationship, this Bill is fundamentally wrong, unconstitutional and unfair to the provisions of the Constitution and the mandate of this House. Therefore, I do not support the passage of this Bill and its provisions. I ask that this Bill be rejected and taken to mediation so that the proper mandate of this House, the provisions of Article 93 and the provisions of Articles 94 and 96 are protected. Let the Bill be drafted as it had previously been requested by the joint session of the Members of this House and the National Assembly led by the respective Speakers and where the Office of the Attorney General was involved. A whole inclusive Bill that contains the text that protects the mandate of this House that has been given by the representation that is in the House should drafted"
}