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{
    "id": 1537707,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1537707/?format=api",
    "text_counter": 205,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "Mr. Temporary Speaker, Sir, the House of Representatives in the USA serves for two years and their Senators serve for six years. Again, they use the same model. You protect the Senate by ensuring that not all Senators exit in an election because you need institutional memory. If you go to Japan, it is even more conscious on protecting the Senate. They call it the House of Councillors. The Upper House, with 265 Members. In Japan, if the House is dissolved because there is a vote of no confidence against the Prime Minister, only the House of Representatives goes home. The Senate is protected. Their tenure is uninterrupted. Even when there is a dissolution of Parliament through a vote of no confidence, only the House of Representatives goes home. The Senate remains because you want a Senate that is strong and does not live in fear of being chased by the head of the executive. You give them a longer tenure in office because they also cover large areas. I want us to be Senators who want to be guided by what is happening in other jurisdictions. We should not look at this idea of a seven-year tenure as something that is kind of pushing a personal agenda for Senators. After all, nobody is going to benefit in this term. I am sure that even if this Clause comes into force, it will be after the 2027 elections. Mr. Temporary Speaker, Sir, people like Sen. (Dr.) Khalwale may not even be coming back as Senators. Maybe he will be the governor of Kakamega. I am not sure about Joyce Korir. She may be the governor of Bomet at that time. We are doing this for posterity. Let us pass laws by not looking at us as the current Senators, but for posterity. The Senators in the USA after the passage of their Constitution in 1790, used to be elected by the MCAs who are members of state parliaments. Then after some time, they realized they will never be effective unless they get their direct mandate from the people and create a tenure that is longer than the House of Representatives. Therefore, this is a wonderful opportunity for us to strengthen devolution. Let us tie up this idea of a full legislative mandate of the Senate and have a say in the budget- making process. Which other moment are we going to have to clarify this debate we have had for a long time on where our space falls when the Constitution says that the role of ensuring that independent commissions are well-funded vests in Parliament? Mr. Temporary Speaker, Sir, remember when we were in NADCO, there was a boy who came from Homa Bay. He told us to understand English properly on the use of the word “shall”. He told us when the word “shall” is used, it is mandatory. When it is “may”, it is optional. “May” is optional, and “shall”, mandatory. Article 249(3) says that Parliament shall - mandatory - allocate adequate funds to enable each commission and independent officers to perform its functions. That means that, that function is a function that is shared by the two Houses. If you read the subsequent clause like 245 on approval of members of independent commissions; it is clear because it says, the National Assembly shall approve--- When the word Parliament is used, it should refer to the two Houses and not one, the National Assembly and Parliament. That is why Article 250 says that- (2) Chairpersons and members of each commission shall be- (a) identified and recommended to be appointed in a manner prescribed by national legislation. (b) Approved by national assembly; and--- 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."
}