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"id": 499714,
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"content": "not about Nairobi sending money to the counties. In fact, the spirit of this Constitution is that after 20 years plus, there will be counties that will not require a cent from Nairobi; there will be counties that will be giving money to Nairobi. That is the spirit. But we are creating a situation where the untouchables sit in Nairobi and determine whether a man in Turkana will eat ugali, rice or nothing, or whether or not a road will be done in Moyale. My brother here, Sen. Haji, can tell you that we went with him to Ethiopia to negotiate with Prime Minister Meles Zenawi to give Kenya electricity connection from Ethiopia to Moyale, Kenya. Given that our Gross Domestic Product (GDP) is three times that of Ethiopia, who should be asking who to connect power for whom? Article 110 (3) is very clear. I stand here without any fear of contradiction so say that even if we do not get external lawyers, my colleagues who are practicing lawyers - Sen. Sang, Sen. Mutula Kilonzo Jnr. and others and I will put on our wigs and go to court and fight to defend the integrity of devolution and the Senate. Article 110 (3) does not give discretion to the Speaker of the National Assembly to sit on his own and write to you and tell you: “This Bill does not concern counties.” It is mandatory and for avoidance of doubt and the HANSARD, I may read Article 110 (3). It reads:- “Before either House considers a Bill, the Speakers of the National Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.” There is no discretion in this. Even if it is as clear as daylight, you and your brother in the National Assembly must consider the issue. You must determine and agree whether, for example, the Bill will originate in the National Assembly and need not come here. You will have determined that on behalf of this House. What is even more disturbing is that this House goes to a Committee after a Motion, goes round the country, drafts a Bill, presents a report with the Bill and then somebody picks the Bill, plagiarises it, tables it in the National Assembly, it is debated without any shame, passed and presented for assent. Mr. Speaker, Sir, in the intellectual property rights, we have a recourse. There is a clever man, you must have seen him on CNN called Farid Zakaria who writes brilliantly, I compare him to Prof. Ali Mazrui, but some people who are reading his publications found out that he was actually cutting and pasting other people’s publications and looking very brilliant. He was dismissed from appearing and acting for CNN. He now writes letters in the Newsweek and other places but he is a clever man. You can see if the clever can do that, what about those who are just half clever? Mr. Speaker, Sir, we salute you for standing for this House. I told you the other day when we were in Morocco that you know obviously, I did not vote for you but you have acquitted yourself and I respect you for being my Speaker because you have stood up when it is necessary to say that this cannot happen. If this Senate cannot go to the Supreme Court and challenge the constitutionality of the Bills that have been assented to- -- We take issue with two people; the Speaker of the National Assembly and the Attorney-General, who advises the President to sign the Bills. 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."
}