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{
    "id": 1427605,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1427605/?format=api",
    "text_counter": 329,
    "type": "speech",
    "speaker_name": "Sen. Orwoba",
    "speaker_title": "",
    "speaker": null,
    "content": "It is common sense that you are asked to step aside when anyone is being investigated, even in a public office. The reason they ask you to step aside is so that you do not meddle with the investigation. We do not want to get into a situation where we have former governors being investigated by certain committees in the House, as Senators, and we cannot legally ask them to step aside. So, we are trying to clean up that space to ensure that, in the event that there is any misappropriation of funds or corrupt dealings from these former governors, they do not participate in cleaning up their mess or influence the wheels of justice while in the Senate. This Bill serves as a stopgap measure, so that we do not have conflict of interest. Obviously, you anticipate that if there is an allegation thrown to a governor sitting in the Senate at that time, the human outright defence mechanism will be for that governor to try and see how to defend themselves. They will go out of their way to ensure that they are found innocent by talking to their colleagues in the Senate, to try to explain things in their personal view. For example, they would try and state reasons as to why they did not use the money, so as to try and influence or coerce the committee Members, who at that time are actually their peers. What we are trying to do is create a stopgap measure. Since we know you are human and we anticipate that you will try and influence the wheels of justice, we are serving you with this opportunity to ensure that you do not commit a further crime or sin in the eyes of the Lord. We are putting you aside for those five years, so that you can cool off in the event that you have any oversight that needs to be done in your former government or administration. I will point out one thing that many people do not see. In that sense, I know that the Office of the Attorney General and the Kenya Law Reforms Commission (KLRC) are not supporting but saying that this might conflict the Constitution. We are legislators; we amend laws and so many times, whatever is in the Constitution has been declared unconstitutional by the court. So, what we are doing is nothing new. In fact, in this spirit of creating this five- year cool-off for governors, the argument from the Attorney General's Office is that, if you are going to carry out this kind of amendment to governors, it should not be specific only to governors. In fact, I understood the feedback from the Attorney-General and the Kenya Law Reform Commission (KLRC). They are asking why stop a former governor from vying in the Senate? You should stop a former governor from vying for the Senate, which is the “Upper House” and the National Assembly, which conducts oversight that touch on county governments to some extent. My understanding of the feedback by these two agencies is that they are almost encouraging us that it should not be limited that a governor who has finished their term should not only serve in the Senate, but also the National Assembly and county assembly for a period of five years. All these Houses perform the oversight function. Therefore, you cannot discriminate that particular limitation to just the Senate. I agree 100 per cent. There was a question by Sen. Cherarkey on why target just former governors and not presidents or deputy presidents. Should they finish their term and be allowed to go to the National Assembly? Absolutely not. In fact, thank you, Sen. Chimera, for bringing this 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."
}