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"content": "Minister is elected in the UK, the handover of power or the ceremony which surrounds the appointment of the Prime Minister realizes the importance of the monarchy in England, although it is a constitutional monarchy. Therefore, if you examine this Constitution, our Senate was not created in the image of the House of Lords in England, as a House of chiefs, Elders or as House of retirees. First and foremost, it was supposed to represent and exercise the authority and sovereignty of the people of Kenya through the legislative process. Beginning from that premise, the legislative authority and the sovereignty of the people of Kenya is not found in the National Assembly or the Senate. It is founded in Parliament as an institution. Therefore, it is very disturbing, that over the two or more years we have been here, in the eyes of some people, the Senate continues to be a House that is called upon to take steps of such a nature that are not really functional in terms of the legislative authority of the Republic of Kenya. Mr. Speaker, Sir, the Constitution is very clear. When you look at all the articles dealing with the Legislature, it requires the Senate to be at the centre of the legislative process and governance. I plead that we leave politics aside. I would like this Committee to sit down together because I think that this country is getting into a situation where the nation does not have an organ or an avenue for us to sit together and seriously consider the issues that beset the nation. This Motion in itself, leave alone the work it is going to do, if you look at it, the Constitution and the Committee – although I am a Member there--- it is sending out a very loud message, that all these people can sit together and reconsider whether this Senate and the architecture of the Constitution is what it should be. Mr. Speaker, Sir, I know that over history, if you sit and wait that everybody will respect your powers, functions or authority, that will always be the case. However, in the nature of things, even in nature, friction plays a very important role in the struggle between elements. If there is a universal struggle in the universe at the moment, which the scientists in this House would confirm; we are engaged in a constant struggle between man and man and between man and nature. Out of that friction, some positive developments arise. The Constitution, through this process of checks and balances and separation of powers as designed was not just the three arms of Government. Even within the Legislature, there is a system of checks and balances. I think that is why the Senate is important, so that in our law making process, we can audit each other as two equal Chambers or with one being the senior Chamber. The Bible, as we read it, was not a perfect document, although it contains the word of God. However, over the years, we have had divine interventions of all sorts to create a more perfect message and gospel. In similar terms, even a Constitution is never perfect. The Constitution of the United States of America (USA) was never perfect. Majority of the most important features of the USA’s constitution came in the last 100 years after it was enacted. Therefore, this review is not to upset the constitutional order. It is to make it perfect. The time is now because if we wait, then those that come after us will always 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."
}