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{
"id": 1427587,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1427587/?format=api",
"text_counter": 311,
"type": "speech",
"speaker_name": "Sen. Chimera",
"speaker_title": "",
"speaker": null,
"content": "This therefore means that if you intend to push through such a Bill, as I am doing now, the only recourse is to have that particular amendment excusable and justifiable in law. This Bill, in my considered opinion, the proposed limitation that seeks to bar governors from running for Senate and our county assembly is reasonable and justifiable. This is because it is limited to the offices, which directly exercise oversight of our county governments. With all due respect to my colleagues, I have tremendous respect for the Senator for Uasin Gishu, Sen. Jackson Mandago and Sen. Ali Roba. Equally, I also have tremendous respect, and, of course, I benefit from the very amazing wisdom of the Speaker of this House, who also served as a full term governor. However, even if we pass this law today, it will not apply retrogressively. So, those Senators who are already sitting in this Senate as former governors have nothing to worry about. Then, the question is this. Out of respect for colleagues, in Swahili, we say, kutohoa . I will attempt to coin a new word. That “colleaguesm” we have in this House is impossible. It is impossible to allow a sitting Senator to come before any oversight Committee of this House to answer questions during his tenure as a Governor in his area of jurisdiction. There is a Latin saying that says nemo judex in causa sua to mean, ‘no one can be allowed to be a judge of his cause.’ Article 96(3) of the Constitution, if my memory serves me right, vests a lot of power and authority in the Senate to protect our counties and carry out oversight functions. I know there is an ongoing silent debate among us, as Senators, on how we intend to carry out this oversight function. I do not want to go much into that because it is not material to this Bill. However, I just want to remind my colleagues that what we seek to do here is in the Constitution. Our mandate is just purely to oversight people who are in charge of the management of public funds. I shudder to imagine that somebody who served as a full-term governor appearing before a Committee that he sits as a Member or he chairs to answer questions on misdirection, and misapplication of finances under his watch. There will be no conflict of interest in that Committee. I have spoken to many people. The last conversation I had was with a colleague, a Senior Counsel (SC) in the profession. He asked me one simple question on why I am seeking to limit my future political choices. Without the fear of contradiction, even if, God willing, I become the governor of the great County of Kwale, I will serve my full term and then leave to serve the people of Kwale and Kenyans in another capacity, but not as a Senator. In any case, all I am asking is to give us a cooling period of about five years, so that the Senate can look into audit issues raised against that particular county, in an impartial manner, without being afraid that it is a colleague who is supposed to answer those questions. At the end of the day, we will end up achieving real, tangible and results-oriented oversight. I also wish to thank the Committee on Justice Legal Affairs and Human Rights (JLAHRC), of which I am a Member, for their time in going through this Bill. We took time to go to counties, especially Mombasa County for public participation to receive feedback from the people over this Bill. The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
}