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"content": "Once the mediation was over, we did a report. This report was tabled in the National Assembly, it was debated and approved. We are sitting down today to debate the same report. I urge the Members of this House to pass this Motion. This is the procedure contemplated in the Constitution in terms of how the two Houses of Parliament should engage. It is very unfortunate that we have had several Bills, some which obviously affect counties and the other House has operated as if those Bills do not affect counties. One of the other Bills that I would have expected that we would have had the same procedure is that by Sen. (Dr.) Khalwale on the National Flags, Emblems and Flags (Amendment) Bill. It was quite shameful that the National Assembly, on receiving our Bill, went ahead and developed a similar Bill, tabled it and passed it. The Bill was forwarded to the President for assent yet the Bill affects counties. We need to be honest because if we have already set a precedent in the way we have handled this Bill, why did we not follow the same procedure in handling any other Bill? As I speak, on the issue of the National Flags, Emblems and Flags (Amendment) Bill, the Governors are already in court. My advice is that, that law that was passed by the National Assembly and assented to by the President does not have the force of law. They do not even need to go to court because the constitutional process was not followed. The Governors should continue flying the flags until such a time when this House will sit down and pass a resolution or Bill to that effect. We hope that the precedent that has been set in handling this Bill will apply to any other Bill. The Public Finance Management Act was amended. Some of the key provisions affect this House and they were not brought to this House. We, as a country, need to be honest with each other. If the national Executive sides with one House of Parliament, we are creating a constitutional crisis. If we are not careful, we will also be passing Bills disregarding the other House and presenting them to the President for his assent. In such a situation, a House that is supposed to provide law and order will, at the end of the day, be a House of confusion. I do not think that is the direction that we need to go as a House. Mr. Speaker, Sir, these are issues that we are raising as a House. But collectively, it will be unfortunate if this Chamber is relegated while we are here sitting and we continually discuss Motions and Bills and when we pass them, some of the Members in the Lower House then copy and paste the same Bills, introduce them as if they are original ideas and pass them and they go to the President for assent. That will be quite unfortunate. I hope that the precedent that has been set on this Bill will be applicable to all the other Bills. Today, we will be voting on a very crucial Bill; the County Governments (Amendment) (No.2) by Sen. Wangari on the issue of Members of County Assemblies (MCAs). That is a very crucial Bill. We hope that when the Bill goes to the National Assembly, they will accord it the same importance and consideration that this Bill has been subjected to. As the Member who came up with this Bill, I want to appreciate the support that I have received in this House in thinking through and considering some of these issues. I 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."
}