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{
"id": 571550,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/571550/?format=api",
"text_counter": 147,
"type": "speech",
"speaker_name": "July 21st, 2015 SENATE DEBATES 21 Sen. Kagwe",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. I applaud your ruling today and say that a person of integrity such as you would have no choice but make the kind of ruling that you did, because it is the correct one. Having said that, I think that it is important for us to not just look at this particular case, but go back into the history of the relationship between the two Houses and look at the laws that have been made in similar version. This is because, if we are going to correct this situation, it is important for us to do an audit of what else has been passed without the authority of this House; that should have been passed with the authority of this House. I totally agree with Sen. Orengo that it is not a matter for the Opposition or Government. It is a matter of law, procedure and principles. I think that it would be wrong for us to sit here today and say that what was done was correct while it was wrong. Mr. Speaker, Sir, further, I think that there is no point of using a bazooka in a situation that a bullet is required. This is not an issue to call for the impeachment of a President, notwithstanding the fact that, that is actually a matter for the “Lower House”. My view is that a name was proposed by the President of the Republic of Kenya and a House that is part of Parliament proceeded to embarrass not just the nominee who was sitting pretty in a nice job without all the politics. The leadership of the “Lower House” proceeded to embarrass the nominee, the President and this House as well. Mr. Speaker, Sir, the enemy within is worse than the enemy without. The problem that we have, as a Senate, is one within Parliament and not outside it. This is because the name of the nominee was given to Parliament by the President. In fact, he went out of his way to advertise the name, in a manner that was not even necessary. After having done that, the name was sent to Parliament. You would imagine an individual of utmost good faith, thinking properly and according to the law, would then avoid embarrassing the President in any way by ensuring that the name is sent to both Houses. If there is a person who has embarrassed the President – it is nice to be candid and call a spade a spade and not a big spoon – it is actually the “Lower House”. The Speaker, Sir, of the “Lower House” – he is a good friend of mine – should surely have put consideration and put the interests of the President before any complexes that one carries with himself and pass the name to the Senate in a manner that does not create the kind of problem that we now have. Going forward, my view is that according to the law, Parliament is supposed to communicate to the President that they have vetted and approved the Central Bank of Kenya (CBK) Governor. Clearly, Parliament has not vetted and approved the Governor in a manner that is very clear within the Constitution. Therefore, I think it behooves this House to communicate with the President and let him know that part of the procedure for approval of the Governor was not followed and, therefore, the name must be brought back for us to go through the procedure. Otherwise, it is not according to the law. Mr. Speaker, Sir, in supporting what you have ruled, we do so with pain. The people who were making those rulings and passing the names back to the Government are Jubilee themselves, just like I am Jubilee. It is Jubilee and not the Opposition which is embarrassing Jubilee. It is those within who can do this that we should punish. 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."
}