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"content": "Nyaoga, the Chairman, is a renowned advocate, lawyer and a person of integrity. I have no reservations in saying that we support his chairmanship and, indeed, the other Members. Having said that, it is important for us to understand because the notion out there seems to be a misunderstanding of what the Committee is supposed to do. It is important for, perhaps, some Members of the Committee, when they get a chance, to explain it legally that this Committee is there to recommend whether or not to suspend Makueni County Government. It is very important because there is an assumption that what is happening actually is a process of suspension. It is not a process of suspension, but simply the determination of whether there is sufficient ground that there be suspension or not. That is an important aspect of the presentation. Mr. Deputy Speaker, Sir, in a sense, the new Constitution gives us opportunities to address some of the issues. For example, it is because of this new Constitution that we, as a Senate, can vet and discuss the Members of this Commission. Mr. Deputy Speaker, Sir, I realised that some people ask questions such as to why should they be vetted by the House. They forget that we, as Senators, indeed, as elected Members of Parliament, are vetted by many people. As Senator for Nyeri County, I am vetted by over 350,000 people who decide whether I should be a senator or not. Having been subjected to such a telling affair as you get yourself elected, it is only right that even those others who are given positions of influence of any kind also go through vetting just like we do. The process we have gone through and this issue that is in front of us highlights some of the short-comings in our Constitution. Even though it is not possible to legislate everything about the relationship between the various arms of Government, there should be a way, very clearly, on how to structure or how to relate between, for example, MCAs and Senators, Senators and Governors, Governors and MCAs, Members of Parliament and Governors and so on and so forth. There is in an area or a lacuna, as the lawyers say, that has not established how those people are supposed to relate to each other. Because of that lacuna, a lot of issues are going to come to the fore. As the commissioners work on these issues, it is very important if people can give recommendations about how to proceed forward in terms of that relationship. Mr. Deputy Speaker, Sir, as I finalise because I do not want to take long on this, it is also important for us to appreciate the way forward. For the Senate to prepare itself, you know good management is about preparing yourself either way. If they say that there is no suspension, then so be it. If they say that there is suspension, then the issue arises of how to deal with the Interim County Management Board (ICMB). I heard Sen. Hassan talk about six months. I think the time given in the Constitution in Article 192 is actually 90 days. So, it is necessary that a lot of issues come up because I do not know how long, if there is a suspension, for instance, it should take for the ICMB to be appointed. I am not sure that this is spelt out in law. These are some of the weighty issues that will come in front of us. The Committee should be addressing some of these things and say, in the event, not just for this particular case, but also other cases. Is it the Act of Parliament that should be facing amendments to address 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."
}