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{
    "id": 497827,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497827/?format=api",
    "text_counter": 223,
    "type": "speech",
    "speaker_name": "October 28, 2014 SENATE DEBATES 35 Sen. (Prof.) Lonyangapuo",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Mr. Deputy Speaker, Sir. I rise to support this Motion. The formation of this Committee is not a new undertaking. This is not something that we should have taken time to belabour about. As we all know, in the Constitution, Article 124(1) gives us the mandate to establish committees. This one says that each House of Parliament may establish committees and shall make Standing Orders for the orderly conduct of these proceedings including the proceedings of its committee. If there is an idea that we want to work on, especially now that we think that there is some misinterpretation or misunderstanding on the role of Senate, there is no harm getting a specific and specialized and dedicated committee, in this case, an ad hoc committee that can take a short time to deliver what we want. This does not have to be a standing committee. It is just like the one that we formed the other day for Royalties Accruing from Exploitation of Natural Resources in Counties which was led by Dr. Zani. A Bill has just been generated now to that effect. With regard to this one, this is a committee that will work strictly with the other arms of Government in interpreting and telling them about the work of the Senate. Indeed, in Article 96(3), the Senate participates in law making functions of Parliament. We are supposed to make those laws. However, if the Judiciary finds that it has a challenge with what we have come up with, it is essential that we have a committee that can canvass with the other arms of Government to know why we are moving in one direction. We cannot be stopped from doing what we are supposed to be doing just because the courts have come up with an injunction. That should not make us not to proceed with the law making business that is here. Sen. Khalwale has cited an example where some Governors have refused to appear before the Public Accounts and Investments Committee and yet in the same Constitution that those Governors have, Article 96 (3), you will see that the Senate determines the allocation of national revenue among counties. For the last two days, as Sen. Murkomen mentioned, the Committee on Finance Commerce and Budget has been in Naivasha looking at the horizontal formula of sharing the funds among counties. Mr. Speaker, Sir, the Senate is also supposed to exercise oversight over national revenue allocated to the county governments. So when anybody purports to say that they are challenging that mandate, we do not know what they mean. They misinterpret and misquote this Article of where the functions of the county assemblies are given, Article 185 which talks about the legislative authority of the county assemblies. We should not mix the two and misinterpret them. Article 185 (3) says: “A county assembly, while respecting the principle of the separation of powers, may exercise oversight over the county executive committee and any other executive organs.” This is not oversight over the national revenue allocated. That is our duty. 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."
}