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{
    "id": 1492978,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1492978/?format=api",
    "text_counter": 296,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samuel Chepkong’a",
    "speaker": null,
    "content": " I will be as succinct as I can. I want to thank my good friend, Hon. Kuria Kimani for bringing this matter up. Article 93(2) of the Constitution is absolutely very clear. It states: “(2) The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution”. The drafters of this Constitution were very clear. They knew which House will perform what function. Those functions were, therefore, divided in the Fourth Schedule, which provides for what the National Assembly will oversee and what the Senate will oversee. It leaves no confusion nor contradiction or challenges to any of the Houses. The law is very clear. Article 96(4) of the Constitution is on the role of Parliament, particularly the Senate. It says that the Senate participates in the oversight of State officers, then restricts those State officers whom the Senate oversees to the President and the Deputy President. The question that we would like to ask is: When they invite State officers who are approved by this House – and not the Senate - how do they intend to oversee those State officers? We need a ruling that State officers should uphold the Constitution as required by Article 2(1) and (2) of the Constitution. For the avoidance of doubt, I would like to read it for those who may not be conversant. It states very clearly that: “(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government. (2) No person may claim or exercise State authority except as authorised under this Constitution.” If the Senate purports to exercise some State authority which is not delineated to it, they are in breach of the Constitution. The Constitution goes further to state that every State officer is obligated to protect and uphold this Constitution. This includes the Senate and the National Assembly. The reason why we do not invite the governors to come to this House is because we are very clear in our mind that it is not our role. We know at some point in our functions in our constituencies, we are aware where the governors have infiltrated into the functions of the national Government. I will give you one example. If you go to the primary schools, you will find that Early Childhood Development Centres (ECDCs) are located in primary schools. We have never said that those ECDCs must be removed because it is a county function. We have left them there and we have not caused any confusion. We have not invited them. In fact, most of the time, they come and put up buildings wherever they want in plots or parcels of land that we have purchased using the National Government-Constituencies Development Fund (NG- CDF). That is not a county function, but we do not complain. We are not inviting the governors The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}