Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 404404,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/404404/?format=api",
    "text_counter": 248,
    "type": "speech",
    "speaker_name": "Sen. Murungi",
    "speaker_title": "",
    "speaker": {
        "id": 93,
        "legal_name": "Kiraitu Murungi",
        "slug": "kiraitu-murungi"
    },
    "content": "Madam Temporary Speaker, I will be very brief because many of the things I wanted to say have been said by the previous speakers including Sen. Obure and Sen. G.G. Kariuki. First, I want to congratulate Sen. Sang for coming up with this Bill and also the Members of the Standing Committee on Legal Affairs and Human Rights. We did very wide consultations because there were arguments from legal groups that this Bill is illegal and unconstitutional because it offends the doctrine of separation of powers. But when we sat down with them and discussed, they all agreed with us that there is need for coordination of development at the county level and so long as we do not make executive decisions and so long as our role was advisory and recommendatory, then there was no problem and that the doctrine of separation of powers will not be offended. I think after our interaction with them, the initial hostility against the Bill has been overcome. We pointed out to them that what we are doing is not retiring them because Article 91 of the County Governments Act does provide for every county to have a forum like this where elected leaders meet to discuss development planning. It specifically mentioned that such a forum should have Senators, Members of Parliament and other elected leaders. As of now, there is no county in the country where that forum has been established which makes this Board a necessity now. Madam Temporary Speaker, I think the constitutional and legal basis of this Board can be traced to our mandate under Article 96 (1) which says that the primary responsibility of the Senate is to represent the interests of the county Government which includes the county executive and the county assembly. The question is what we mean by the word “represent” and what those interests that we are representing as Senators are. I think when you represent somebody, you are an agent of that person and you have authority to speak authoritatively on behalf of the agent. It is like when you get a lawyer to represent you. The lawyer has the mandate to speak on your behalf even when you are present in court because he has consulted with you and you know exactly what he is going to represent. I think as Senators, just like lawyers get instructions from their clients so that they can go and represent them, a Senator needs to get instructions from the counties. You cannot come here and say things from your own end if you are truly representing the interests of the county. What we are seeking for is a forum where you can get instructions. It is a forum where you can consult with other leaders so that when you speak in the Senate, you are truly reflecting the views and the feelings of the people at the county level. The term “interests” is a very broad term. It could be economic interests, social interests, cultural or security interests. For you to represent those interests or to know which ones you are representing, it is important for you to consult those people. I think the most critical necessity for this Bill to be passed is because of the current chaos in terms of development which is bedeviling the country today. In fact, there is very little development taking place in the counties because of superiority contests by various elected leaders. 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"
}