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{
    "id": 499734,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/499734/?format=api",
    "text_counter": 282,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Thank you, Mr. Speaker, Sir. I rise to support this Motion in its entirety. Mr. Speaker, Sir, I do not wish to repeat what the Senate Majority Leader and Senate Minority Leader have said. Out of the questions that we will present to the Supreme Court, the answer to the question as to the constitutional status of the Acts of Parliament which have been passed without your concurrence is that the Acts of Parliament are unconstitutional. I heard the Senate Majority Leader suggesting that, in fact, when there is no concurrence, there ought to be a mediation. The drafters of our Constitution, in Article 110 (3) assumed that the Speaker of the National Assembly and the Speaker of the Senate would act reasonably within the law and follow the law. Article 110 (3) suggests that you ought to be a very busy Speaker. This is because the words in the Constitution read:- “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 nowhere in this Constitution that suggests that the Speaker of the National Assembly, hon. Justin Muturi, ought to send you a letter. There is nothing in this Constitution that suggests that you ought to write a letter to him. This Constitution suggests that you would sit in a meeting and jointly resolve that a Bill either concerns a county or not and the Bill is either a special Bill or an ordinary Bill. If the 46 Bills or Acts of Parliament do not have your decision, the Speaker of the National Assembly has violated the Constitution. Those Acts of Parliament are unconstitutional and there are no two ways about it. The Constitution, in fact, did not envision a dispute between yourself and the Speaker of the National Assembly. Maybe it is time that this Senate drafts a referendum question. In the Senate of the Republic of Australia, a provision for dispute is provided for. That resolution, if none exists, is very drastic and both Houses in Australia, in fact, can be dissolved where you have a dispute like the one that we have in the Republic of Kenya. Mr. Speaker, Sir, we have waited for too long. Yesterday, I attended a forum where everybody was wondering why it is that the Senate of the Republic of Kenya has waited and issued ultimatums upon ultimatums to the National Assembly or the Speaker of the National Assembly. They were wondering whether we are that toothless or nice. What is happening reminds me of the definitions given to soccer and rugby where they 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."
}