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"id": 499887,
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"content": "“The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.” Mr. Speaker, Sir, underline the word “the people”. It does not derive from the whims or thoughts of the anybody else, least of all the National Assembly, on the question of whether or not we have a legislative authority. It goes on to say that at the national level, it is vested and exercised by Parliament and Parliament, of course, is defined as the National Assembly and the Senate. It is very important for everybody who is interested in matters of constitutionalism to know where the authority of this Senate is derived and the work that we have to do as the Senate. It is from the people who elected us. We represent the people; we have a more underlying need to protect the counties and the counties are populated by people who elected us to this Senate. Mr. Speaker, Sir, in Article 96(1), it is clear again that we represent the counties and we serve to protect the interest of the counties and their governments. The reason I am bringing out all these issues is to show that when we operate as a Senate, as one of the arms of Parliament, we are doing so with the powers that have been given or donated to us by the citizens of this country, from where the authority of the Constitution derives. This is unlike 1966 when the Senate was not properly anchored in the Constitution; when people could be manipulated and devolution had not taken effect. However, we are now at an age where devolution, like my colleagues have said, is here to stay. It may not be perfect at the moment, but devolution is not going to be wished away by anybody. Devolution is here with us to see to it that development of this country is both faster and also equitable. Here, we are talking about equitability and that is the main reason at the negotiation of this Constitution, it was agreed that it would be passed, so that development and other matters of nationhood could be given to the people faster and that there could be equitability. Mr. Speaker, Sir, I like emphasizing and saying all the time like Sen. Mwakulegwa has said, never before has Kshs.3 billion been seen in his county. I could say that for Murang’a County, where we have a large population, for the very first time, we are seeing Kshs.4.9 billion coming directly to the people and properly utilized. This can change the people’s livelihoods because we can now, at least, start to see a form of equitability. Article 110(3), the one that all of us quote all the time is very clear in its provisions. I would like to bring it out clearly because it appears to me that some people have not taken time to read what the article provides. It says clearly:- “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.” I know for a fact, because it was brought out not so long ago, I think it was yesterday by the Senate Majority Leader and the Senate Minority Leader, that the Speaker of the Senate, has at every turn sought concurrence from the Speaker of the National Assembly on whether or not a Bill concerns counties. It is mandatory that when it concerns counties there has to be concurrence and that Bill is a Bill that has to be dealt 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."
}