Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 499909,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/499909/?format=api",
    "text_counter": 170,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "The third point is that unlike the National Assembly, when we vote, we do so as a delegation on important matters. We carry the vote of the entire county. If you look in the Constitution, the vote in the National Assembly is not on the basis of a delegation but the individual Member of Parliament. So the responsibility is with that individual Member but voting as a delegation, and the delegation includes the Nominated Members of the Senate, is that you are accountable to your people in the county and all over the country because you are directly elected. The fourth point which makes this Senate a very important House is that when it comes to the impeachment of a governor or his deputy, that powers lies with the Senate. It was not given to the Senate for no reason. When it comes to the impeachment of the president who is also directly elected by the people of Kenya and his deputy, that power lies with the Senate and not the National Assembly. I have noted that at least the National Assembly has some powers; when they want a Cabinet Secretary to be removed, they may by resolution recommend to the President that a Cabinet Secretary be removed. That is a power directly granted by the Constitution. I am saying this to emphasize the point that the Senate in Kenya, unlike other countries, where the Senators are called the house of senior citizens who are in retirement, but in Kenya, the constitutional design and architecture is very different. I can tell you, one day when any Member of the National Assembly attempts to campaign in Kiambu County to get votes or Kakamega County, that is when he or she will know that being a Member of the Senate is not something that you can get a membership into a club. This is a very special authority by the Senate given by the people. Mr. Deputy Speaker, Sir, it is a big shame that something which is very clear in the law, that we, lawmakers, should run to another arm of government. In fact, if you had read the Constitution clearly as it is, we should not disturb the Supreme Court in trying to interpret this law because we also have power as a body under Article 10 of the Constitution to interpret and apply. Therefore, the lawmaker, who is a Senator and a Member of the National Assembly, who swore to defend and protect the Constitution - it is a big shame that when it speaks so clearly that no legislation can become law in Kenya until and unless it has reached the Senate, introduced formally as a Bill or when the Speaker has concurred with the Speaker of the National Assembly that the Bill does not concern counties - That is the reason why Article 116 says every law that is enacted by Parliament shall be so called an Act of Parliament and not an act of the National Assembly or an act of the Senate. It is an Act of Parliament because whether or not it has been introduced formally as a Bill, the Senate has dealt with it through the hand of the Speaker and his concurrence. Mr. Deputy Speaker, Sir, I want to support that since now we believe in constitutionalism and we do not want to fight in the streets over this matter, we cannot go out there to demonstrate when there are proper organs established to make decisions on behalf of the people of Kenya because judicial authority is donated by the Constitution to the courts and the highest court is the Supreme Court. I agree entirely that we should go 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."
}