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{
    "id": 520599,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/520599/?format=api",
    "text_counter": 233,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Madam Temporary Speaker, I rise to support the approval of the names of persons to sit in the commission to investigate the Petition filed by the residents of Makueni. From the outset, I want to reiterate what the previous speakers have said; that this process has put Makueni under great anxiety. Therefore, it would be in the interest of the people of Makueni that the Report of this Commission is presented to His Excellency the President and this Senate as quickly as possible. I want to reiterate that there have been a lot of misconceptions about this Commission. If this was a legal case, the title would read: “The people of Makueni versus the County Government of Makueni.” So, the County Government of Makueni, where there have been misconceptions that there are two governments in Makueni, would be demystified by this Commission, to the extent that the county government, executive, members of the county assembly and leaders of that assembly are going to be on trial by the people who elected them, to determine what we would call in legal terms “notice to show cause why they should continue to be leaders in that county”. Madam Temporary Speaker, the supremacy of the Constitution and Article 1 itself, comes into play where leaders who have been elected by persons are put to task. There is no difference between the process of dissolution and the recall clause under the Elections Act. Both have the same result; that the persons who are on trial are the leaders themselves. Therefore, the misconceptions that, maybe, it was targeting certain persons or not would be demystified by this Commission. After reading the Commissions of Inquiry Act, you will find many things that would challenge this Commission. This is because they will have to cross-reference and refer to many other legislations in order to determine this issue. I would have loved to see maybe a recommendation or obiter from this Committee of ours - particularly, Sen. Kipchumba Murkomen, who was amongst the drafters of this law – to guide the commission on what was the purpose of having two persons who are experts in conflict management, but do not come from that county. It would have been fair to have maybe a title to say the purpose of this would be to either find out whether there was an attempt to have dispute resolution; if not, then they recommend. If they have, maybe do something. But more importantly, it is a tremendous opportunity to find out and be able to navigate what appears to be a lacuna in the Constitution. The good people who drafted our Constitution anticipated that the national Government would have problems with county government, hence Article 189. But in the case of counties, nobody imagined that county governments would get into quarrels with county assemblies. That is the reason in counties, you end up looking as if you have two 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."
}