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"speaker_name": "Sen. (Prof.) Lonyangapuo",
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"content": "Mr. Speaker, Sir, I join my colleagues in thanking you for the wise Statement that you have given regarding what was sought by Sen. (Dr.) Khalwale which has surprised this House and Kenyans. The Constitution talks about its supremacy in Article 2 (1)(2)(3). Article 2(1) says:- “This Constitution is the supreme law of the Republic and binds all persons and state organs at both levels of Government.” It means that we are supposed to walk and live by this Constitution. Somehow, some of us in Parliament particularly the “Lower House” are operating as if they do not have this Constitution. It, therefore, means that they wrongly interpret Article 93 of the Constitution which talks about Parliament. They read it as National Assembly, which is wrong. Article 2(2) says:- “No person may claim or exercise State authority except as authorised under this Constitution.” Mr. Speaker, Sir, this Constitution has authorised existence of two Houses of Parliament. Some are reading one House and that is why they ignore what was required in the particular case of the employment of the Governor of CBK. Article 2(3) says:- “The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.” The action of our colleagues in the “Lower House” to quickly rush some of the Bills for assent without regard to the law is tantamount to challenging the legality of this Constitution. What has just happened is a reminder of what has been happening for the last two years. Mr. Speaker, Sir, you will recall that since inception, this House has generated 20 Bills, out of which only four have been taken for assent. Of the four, three are the normal revenue allocation Bills which by law nobody should block, except one that was generated by Sen. Sang, the rest, 16, were stopped. It means, out of that, nearly 20 per cent of the Bills that we have done have gone through the “Lower House”, taken for assent and mandatory three of them are normally the usual ones which must pass. Lastly, this House has received 16 Bills from the “Lower House”, out of which the Senate has passed 12 which is an equivalent of 75 per cent passed. The rest are under different stages. That means that we are the House that follows the law unlike what we hear in the media to the contrary that the “Lower House” leaders sometimes blame the Senate for not passing Bills. Look at the 20 per cent that they have entertained in our case while 80 per cent is not done. I am told they are claiming that these are money Bills. What does not involve money in this world? We have now done what we have. This is not to do with which side of the House but with what the law says, which is, this Constitution is supreme and there is no question about it. 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."
}