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{
    "id": 497797,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497797/?format=api",
    "text_counter": 193,
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    "content": "I think the constitutional insight about having this separation of these organs is that each, then, will separate in an independent and thoughtful manner so that we do not have the confusion that we have currently. In fact, as a Senate for the last several times that we have been talking, we have been surprised by the way the Judiciary has conducted its business by issuing court orders and injunctions to the Senate to the point that we cannot really execute our duties. For example, on 25th September, 2014, the High Court gave orders stopping us from summoning governors to appear before the County Public Accounts and Investments Committee (CPAIC). The oversight role of the Senate is key and critical. I know that oversight is never easy. I know many people do not want to be oversighted. Everybody does not want to have to be accountable. However, we have that critical role to play. Therefore, we must be brave about the way we play it. We must really defend that role and play it very well. Mr. Deputy Speaker, Sir, Article 2 says that the Constitution is the supreme law and it binds all persons and, indeed, all institutions. It is very surprising that we have a very clear institution, but we have an interpretation of the Constitution that is at variance. We need to begin asking ourselves why this is so. Are people following the law? Are people following their own self interests? What is the problem and how do we get to address it? This is the reason we want this committee in place so that we begin to engage the Judiciary. We would have different approaches to this. We could have decided that we are moving on. Indeed, initially, that was the feeling of certain Members; that we should move on despite the court injunction. We already had an experience in the Wambora case, where we actually moved forward. We continued despite the court injunction and the court order. As a result, Wambora is still there as a Governor for Embu County. As a Senate, this is something that we are really sad about. We do not want to go that route. In fact, we have decided to go another route. We are trying to find other options and alternatives. I think when this Committee was set up - I do not think it was set up with any sort of malice. I think we were actually trying to find a way forward. We asked ourselves: Which is the best way forward? It was clear that we want to come up with a way of engaging with the Judiciary. Definitely, the legal minds were going to be very critical here. In fact, I think what has happened is that we have just had an extension of that Committee and the addition of more Members, especially female Members. However, I do not think the initial idea of coming up with the committee was that it was a critique on the existing Committee on Legal Affairs and Human Rights; that they were not doing their work well, because we would have heard complaints in this House. We have not heard such complaints. So, I think it was a quick reaction and a way in which we responded by saying “let us come up, probably, with a more energized and more focused Committee that is going to address a specific issue even as the Committee on Legal Affairs and Human Rights continues with its day to day work. 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."
}