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{
    "id": 1563961,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1563961/?format=api",
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    "content": "Section 103(3) of the Elections Act, the election regulations formulated by the IEBC from time to time are submitted to and approved by the National Assembly to the exclusion of the Senate, even where the subject of the regulations is clearly a county government matter. This amendment to replace the word ‘Parliament’ with the word ‘National Assembly’ was passed in the year 2012 before the Senate was in place and was meant to apply only to the first general elections upon coming into effect of the Act, that is, the 2013 General Elections. However, since then, attempts to amend the provisions to have the regulations considered by both Houses have been frustrated. As Members may recall, this was one of the amendments that the Senate made to the Elections (Amendment) (No. 2) Bill, 2024, (Senate Bill No. 29 of 2024), which is currently pending before the National Assembly. Indeed, this is one of the Bills that the National Assembly has kept in its shelves longer than it is supposed to. As I urge our counterparts to not claw back on the said provision, I also wish to state categorically that this is one of the provisions that, as a Committee and as a House, we will not go back on. The forum for election is not the only one where the mandate of this particular House has been undermined through statutes enacted by Parliament. There have been several attempts, some successful, where the National Assembly has moved to amend legislation to delete the word ‘Parliament’ and replace it with the word ‘National Assembly’, thus taking away from the Senate functions that should otherwise be performed or undertaken by both Houses. A key example is the Treaty Making and Ratification Act, CAP 4D, which the National Assembly amended in the year 2014 to replace references to Parliament with the word National Assembly. The effect of this has been that key treaties, conventions and agreements that Kenya enters, even when they expressly relate to devolved functions, are not submitted to or considered by the Senate. This directly undermines the constitutional mandate of the Senate as set out under Article 96, which includes to represent and protect the interests of the counties and their governments. Members will recall that on three separate occasions, the Senate has processed Bills to reinstate the process for ratification of treaties to be a shared function between the two Houses, particularly where such instruments directly affect the mandates, functions and operations of county governments. None of these Bills have seen the light of day in the National Assembly. This deliberate clawback on the Senate's constitutional mandate through statutes which are subsidiary to the Constitution is something that we must not countenance as a House and we must stand ready to challenge it. I, therefore, wish to bring these matters to the attention of the Senate and to urge colleagues and the House to stand firmly in safeguarding its constitutional mandate. Mr. Speaker, Sir, I thank you for the opportunity."
}