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{
    "id": 543803,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/543803/?format=api",
    "text_counter": 144,
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    "content": "(5) It shall be out of order for a Senator to criticize or call to question, the proceedings in the National Assembly, a County Assembly or the Speaker’s Ruling in the National Assembly but any debate may be allowed on the structures and roles of County Assemblies or the National Assembly.” Those are the grey areas that you have been trying to tread on; the difference between structures, roles and proceedings. First, I will need to look at the HANSARD to know exactly what transpired in the National Assembly, so that we can entertain the pleadings by Sen. Mutula Kilonzo Jnr. in terms of the responses by Parliament and, of course, taking into account our own proceedings this afternoon. I want to emphasize the point which you have made, that it is time that we appreciated the role of each other; that whatever one House does, does not mean; or is not intended to spite another House. There is serious wisdom in the way a bicameral Parliamentary system was conceived. It was to address certain historical challenges. In the case of the Senate, it was to confirm the equality of the vote and to ensure as per Article 96(1) that we promote, protect and represent the interests of counties. The Constitution has been very generous in terms of the objects of devolution in Article 174 and particularly Article 175. Of the three, one of them in Article 175(2) will tell you that our job is to ensure that there are enough revenues allocated to counties to enable them govern and deliver services effectively. By virtue of the nature of our calling, the Senate interacts more with the counties than any other branch because that is what we are intended to do. Sen. Wako, I thought you would say that the issue is not where the source of money is coming from; the Constitution says a minimum of 15 per cent. So, actually the division of revenue of whatever resources envelope that is before you, irrespective of the magnitude, there is already a divide of constitutionally 85 and 15 per cent. You can decide because that is the constraint that we have on the lower level- those of us who did a bit of physics and mathematics - I am sure that Sen. (Dr.) Khalwale will appreciate, once you have bound boundaries, then you have a lot of room to play, you can actually decide to allocate a maximum of 80 per cent. There is nothing that is unconstitutional about it, it will be so constitutional. I want to believe that our team must be reminded that we are going for mediation. I am sure that you know the rules of mediation. As Sen. Kiraitu will always say that in the constitutional review process, you cannot stand on position “A” and you go to mediation expecting to remain on position “A”. A mediation is a mediation. I want to believe that with all the submissions that you have made, may be, some of those issues are matters of information and have to do with ignorance or because you have not read the Finance Report that was passed by the House. I took the trouble of reading it. You will really appreciate the way they looked at how you can avail that kind of money which, to me, should not have been their business because that is why we have division of revenue. It is now the Parliamentary process to see what goes where from the same envelope. So, we are not looking for additional resources, we are saying what goes where for whatever resources that are available and that is the constitutional duty that the Houses must perform. 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."
}