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"speaker_name": "Mr. Orengo",
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"content": "In the words of Julius Caesar, when he crossed the rubicon more 2,050 years ago, said: \"The die is cast\". Indeed, today, the die is cast. Will we rise to the occasion? The occasion that we are required to rise to is a patriotic duty which is spelt out very clearly in the National Accord itself. I am indebted to Ms. Karua for reading this particular part of the Accord, the agreement itself, and I will read it again. Sometimes, we may not get the substance of this Accord I think not so much in the legalese, but in the reason the two principals themselves stated in it. I am glad, again, for purposes of history, this Accord has been laid on the Table. The Accord reads, in the third paragraph, as follows:- \"With this agreement, we are stepping forward together as political leaders to overcome the current crisis and to steer the country on a new path. As partners in a coalition Government, we commit ourselves to work together in good faith as true partners, through constant consultation and willingness to compromise.\" Mr. Speaker, Sir, the two principals have shown in every way possible, that they meant the words of this Accord. Even before we have enacted this Bill, and it is assented to, they have been working together and moving together. They have provided a basis and a bridge for us to now debate this Bill and pass it, so that Kenya can heal and come together. They have also shown us that Kenya is not just a geographical expression. It is more than that, and that spirit is in this House today. We are sitting together as one Parliament and National Assembly committed to do what is right for the country. I want to tell my learned friend, Ms. Karua, that sometimes constitutions which are too rigid are in themselves a great problem. In Europe and France and other places there have republic after republic, because of rigid constitutions; because people are used to the status quo, and do not want to move with the times. One of the greatest constitutions in this regard is the United States of America (USA) Constitution. Mr. Speaker, Sir, even the question of the limitation of tenure came more than one-and-half centuries after that document was enacted, yet that is the greatest principle in all modern 186 PARLIAMENTARY DEBATES March 18, 2008 constitutions. Therefore, we must rise to the occasion, and show by word and deed that we want to build one patriotic Kenya. In any case, democracy as understood is about sharing. We should not be taken aback when we want to build this principle into our Constitution. Mr. Speaker, Sir, this Accord and the Constitution of Kenya (Amendment) Bill encompasses a political settlement which has an objective. It is not just for the sake of creating other centres of power for some people who feel uncomfortable with that. It is for the purpose of building a foundation for a better Kenya that we can only have a new constitutional order when we work together. That is the purpose of this political settlement. Mr. Speaker, Sir, agenda number four, which is still not concluded, talks about the Truth, Justice and Reconciliation Commission, and the building of institutions to ensure that we have a legal framework and administrative reforms that can make the spirit of democracy prevail in all parts of our land without any problems such as the one we experienced two months ago. There is a former American President, Harris S. Truman, who said that a statesman is a politician who has been dead for 10 years or 15 years. A lot of times people see statesmen when they are dead and gone. I think in the last two months, we have seen two great statesmen who, in the hour where there was tension and pressure, were willing to come together and say that Kenya is bigger than all of us and we must look for a way forward to make sure that we have a new constitutional order, where Kenya is at peace with itself. That is what Ms. Karua was referring to when she said that peace cannot be kept by use of force, but can be kept by understanding. As a nation, we need to understand each other; remember that at the end of it, when you go to your constituency, you may be a member of that constituency, but at the end of the day, you are a Member of the Kenya National Assembly. In this Bill, we are trying to urge you to do what is good for Kenya and for everybody in the country, so that the country can come to peace with itself. Finally, I would like to make some comments on the Bill itself. First, I would like to talk about the specific provision, which is found in the Accord itself but, in terms of the Bill, it enables- -- Ms. Karua talked about it. If you read Section 16 of the Constitution, the President can create an office, which is called the Office of the President. That is a Ministry within the Government. He can establish portfolios. We are trying to ensure that by this constitutional device, and the consequential amendments, that, indeed, the Prime Minister and the Deputy Prime Ministers, other than their duties which are created by virtue of the constitution and their powers are vested in the Constitution, no mistake should be made about that, that they are quite entitled to occupy Cabinet positions. To that extent, even Section 17 of the Constitution, as you may see from the Bill, has also been amended. So for avoidance of doubt, it is not just the President, the Vice-President and other Ministers who are members of the Cabinet but also the Prime Minister and the Deputy Prime Ministers. I think that this Bill, despite what many lawyers have talked about, whether it is offensive to certain jurisprudence, I think the jurisprudence that we are creating is about coalition building. This is the way to the future, that in moments like this, we will be required to have a Government which can serve moments of emergency. Even when Kenya is at war, we can come together and do our patriotic duty under one umbrella. With those few remarks, I beg to second."
}