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"speaker_name": "Sen. Hassan",
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"legal_name": "Hassan Omar Hassan Sarai",
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"content": "Madam Temporary Speaker, I rise to support this Motion by Sen. Orengo. First and foremost, I would like to applaud Sen. Orengo for his credentials in the democratic struggle of this country. I do believe that this Motion tends to complete the democratization of Kenya. If you look at it critically, in Kenya, the suffocation of democratic space was largely a function of the Provincial Administration. Any government with a temptation to ensure that they protect the structure of the Provincial Administration in its current state is a government that is bent on undoing the gains of democracy in this country. Therefore, our democracy and constitutionalism is directly intertwined to the fact that the provincial administration must be restructured and reformed to conform to the new democratic aspirations of the Kenyan people. It is not in context that the temptation was an almost intact Provincial Administration by governments to ascertain controls that go in excess of the Constitution. We know for a very long time that chiefs, DOs, DCs and Provincial Commissioners (PCs) have been used for extra-constitutional enforcement of other issues that might not necessarily meet the test of constitutionality. The fact that this Motion was proposed by Sen. Orengo and then seconded by Sen. Murungi is testament to the fact that this is a Motion that comes from people who over the last couple of years demonstrated to be men who care to give this country the Constitution that matters and to deliver the promise of a new nationhood. Therefore, I come as one of their friends, who admired them greatly, to support this Motion because it properly tries to capture the spirit of our devolution. Madam Temporary Speaker, right now, it is no longer in doubt in this country that devolution is under threat. Constant systematic actions by the Government have demonstrated that given the opportunity, they will defeat the creed of devolution. That is why we have today decided to move in the manner that we have done as a Senate. We have decided that we needed to amend the Constitution to strengthen the role of the Senate. Therefore, inevitably we must amend all existing legislation to ensure that the role of devolution is protected and the mandate of devolved units are secured and not in competition or in conflict with the Provincial Administration. A couple of years back when this Constitution was promulgated, I had the radical view that the restructuring of the Provincial Administration could as well mean the abolishment of the Provincial Administration. At that point in time, those of us who were 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."
}