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"speaker_name": "Sen. Orengo",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I support this Motion. As I support it, I would like to remind some hon. Members that while they were away, there was a Kamukunji which was held which agreed that this committee be established. When it was established, it started work. I know that part of that work was used to prepare a legal brief that was given to the lawyers who are doing the case against the Sang Bill. Mr. Deputy Speaker, Sir, at that time, I was not a Member. If you look at the brief that was prepared by this committee, not for internal consumption, but to be used in the courts, you will find it much better than what had been prepared by the legal department of the Senate which showed that Members were giving a lot more commitment to some of these problems that are confronting the Senate. We are forgetting a very important point: When you form an ad hoc committee that does not mean that there is no other committee dealing with an issue. Formation of an ad hoc committee sends a political message that there is an issue that has arisen and which must be dealt with in a special way as opposed to using the normal committees. This instrument of ad hoc committees has been used before. You will recall when JM Kariuki was assassinated. There was a committee dealing with security and yet Parliament, in its wisdom, formed an ad hoc committee of Members of Parliament to inquire into circumstances surrounding the disappearance and death of JM Kariuki. There was the Kiliku Committee. If you love the Senate and you are a Senator in this Senate and you do not believe that there are special circumstances requiring the formation of this committee, then I am very surprised. I am surprised because it has been said that one of our important roles is oversight. How are we expected to play our oversight when we cannot summon governors? What is your responsibility or mandate if you cannot summon governors? That issue needs to be resolved. It is known that the impeachment process is a very special function of the Senate. In the constitutional design, this special function was conferred on the Senate. I have heard some legal experts saying that this function should go to the Judiciary. Not all the impeachment proceedings that have been mounted from various county assemblies are reaching here due to legal problems. If you do not believe that those circumstances we do not need intervening factors that require a special committee, then I do not know what my colleagues are talking about. On the issue of legislation, there is a pending court case where some patriotic Kenyans are saying that the Senate needs to be involved in every single legislation. 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."
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