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{
    "id": 384541,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/384541/?format=api",
    "text_counter": 206,
    "type": "speech",
    "speaker_name": "Sen. Murungi",
    "speaker_title": "",
    "speaker": {
        "id": 93,
        "legal_name": "Kiraitu Murungi",
        "slug": "kiraitu-murungi"
    },
    "content": "Thank you, Madam Temporary Speaker. I rise to second this very important Motion. As is now well known, this Senate is taking the issue of devolution very seriously. We are guided by principles of constitutionalism and the rule of law. Madam Temporary Speaker, what the Motion seeks to do is to establish a special purpose vehicle to review all the laws which might stand in the way or hinder the smooth implementation of devolution in this country. It is our duty, as the Senate, to make sure that this review is done. Madam Temporary Speaker, we must commend the Speaker of the Senate for the case that he filed in the Supreme Court, to emphasize the fact that the principles enshrined in our Constitution must be taken seriously by all the organs of State. It is in that spirit that we should also move with speed to ensure that all the laws are also put in line with the new Constitution. Those of us who were there then will remember that after the repeal of Section 2A in 1992, there remained a lot of colonial and one-party authoritarian rules, which made it impossible for us to enjoy the democratic space brought about by the move from one party rule to the multiparty system of Government. It was impossible for us to hold meetings in this country because of the Public Order Act. It was very difficult for us to move because of the Chiefs’ Authority Act. It took us five years to review those laws and remove them, so that Kenyans could enjoy freedom, which was guaranteed as a result of the repeal of Section 2A. Madam Temporary Speaker, we are exactly in the same position. The fact that there are some general provisions in the Constitution recognizing devolution does not mean that devolution is going to happen. There are so many laws in this country which do not recognize the governors and the Senate. There are many laws in this country which reflect the mentality and structures of the previous Government. So long as those laws are in place, it will not be possible for us to have devolution and decentralization of power and resources in this country. My learned friend, James Orengo, has talked about a few of them, but there are many others. For instance, the Chiefs’ Act now gives the chiefs power to manage the environment within the locations. There is no law which authorizes the Governor or Cabinet Secretary for Environment in the county government to do anything with the environment. All they have is a piece of paper appointing them to be in charge of that docket. But when they go to the ground, they will find that the person with the legal authority to deal with environmental issues is the chief. So, we have to amend The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}