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{
    "id": 499736,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/499736/?format=api",
    "text_counter": 284,
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    "content": "say: “Soccer is a game of gentlemen played by hooligans and rugby is a game of gentlemen, watched by hooligans.” This is not the same. Mr. Speaker, we have behaved diplomatically to the detriment of this Republic. As Senators, we do not serve at the pleasure of the Speaker of the National Assembly or any other person. By waiting and not taking any action, we have, in fact, silently told the people who elected us under Article 1 that we do not want to exercise our mandate. This is a sad time for legislative making in this Republic because we have almost abdicated our responsibilities to one man, the Speaker of the National Assembly. The decision that he makes alone is not the decision of this Senate. There is nowhere in this Constitution where either Speaker of the National Assembly or of the Senate is supposed to act arbitrarily, capriciously or in his own whims. Mr. Speaker, Sir, I am urging you to reproduce all your letters to your counterpart at the National Assembly because other than seeking the questions to be answered, we must also ask the question whether the Speaker of the National Assembly has not abused his office. We must say so because the law protects us. The laws of this country give us the mandate to say so because if 46 Bills have not come to you for a decision jointly, I dare suggest that that decision must be in writing, what more amounts to abuse of office more than what has happened? We were elected for a specific purpose and one of those purposes is to legislate. When we invited the Attorney General of Kenya, and I want to go on record, he said that “under no uncertain terms, the Constitution of this Republic is very clear”. If laws including the ones we highlighted to him have not come for your signature, those Acts are unconstitutional. What the law does not say, is that in Article 110(5), before the President assents to any Bill, that Bill must have a certificate confirming that you have confirmed that, that Bill does not concern counties and therefore, is not a Money Bill or a special Bill as contemplated under Article 110(3). If that has not happened, there has been a violation of this Constitution. We have waited for too long. I am happy that recently the courts made a decision that was very significant on the removal of judges. The Supreme Court has said that once judges are removed by the Sharad Rao Committee, those judges have no recourse to the High Court. Similarly, where a power is granted to us for impeachment or otherwise, no person has the right to sanction or seek an injunction before they appear before the Senate. I have confidence that we have taken the right decision. Mr. Speaker, Sir, I have confidence that the Supreme Court will abide by the decision that it has made concerning the judges. That decision, according to this Constitution on our advisory opinion, would be binding on every court in this Republic. Mr. Speaker, Sir, Kenyans are watching carefully and as the Senate Minority Leader has pointed out, we have been watching as a person or persons conspiring quietly or loudly clawing on the powers of this Senate to act on behalf of the people of Kenya under Article 96. 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."
}