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"content": "(b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill.” Mr. Deputy Speaker, Sir, in all these Bills, why is it that the President has never returned the Bills to the National Assembly with reservations that he is concerned that the Bill concerns counties and, therefore, the Senate should have been involved? If we, as the Senators of the Republic of Kenya, do not say it, who will bring it to the attention of the President? Probably, the Attorney-General has not been doing it. If he has been prevented from doing it, we, as the Senators of the Republic of Kenya, are saying the President has failed us by not showing us his reservations. This Article, sub article 2, says, that; “If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures under this Part – (a) amend the Bill in light of the President’s reservations or (b) pass the Bill a second time without amendment.” We wanted to see this. When they refuse to assent and take it back, since the President wants to defend the Constitution, he would be left with the final option in 115(6). It says:- “If the President does not assent to a Bill or refer it back within the period prescribed in clause (1), or assent to it under (5)(b), the Bill shall be taken to have been assented to an expiry of that period.” Mr. Deputy Speaker, Sir, as a defender of this Constitution, I would have like to see some of those Bills which automatically became law because the President had refused to sign. If one day, I was called upon to cast a vote on the possible matter of the President having acted against this Constitution, I would be the first to defend him. It is this impunity that the Speaker of the National Assembly is perpetuating. He would like all of us to be there at his mercy. I am very happy that Senators today have been very clear and have remained resolute. They have remained resolute. I am reading a book called The Legacies of Power which captures all the former African leaders and some of the long serving current ones. There is one thing that their legacies show; that they can never cede an inch of their power. Let Kenyans know that the choice in Uganda and Burkina Faso is not in Kenya. In Kenya, this Constitution deliberately chose to force the power of the former Presidency to be ceded vertically to commissions and county governments. If you think we are living in theory, then you should know that this particular Motion speaks to the important issue of devolution. Commissions are not also at peace. Today, the National Land Commission (NLC), with all the powers given to it by this Constitution under Article 67 is being asked to sit, share and agree with a Cabinet Secretary. It is only this Senate which can decide that Dr. Swazuri will not be expected to sit and share any power whatsoever with the Cabinet Secretary for Lands, Housing and Urban Development. Many of you, if what Dr. Machage said is true, have children. If we do not stop these things, the issue of land will affect our children and they will eventually fight. We 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."
}