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{
    "id": 584367,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/584367/?format=api",
    "text_counter": 375,
    "type": "other",
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    "content": "into an avenue of hiding things and sweeping them under the carpet; the proposal that there is a form and amendment to ensure that these petitions or their answers are then filed with the Senate, will be a good method. I would have preferred even the Senator to be allowed even to table reports regularly on petitions filed at various county assemblies because we have that provision in our Standing Orders. Sen. G.G Kariuki made general comments. I think this Bill is one of the methods where the Senate will be able to stand up, look at Kenyans and tell them: “We have provided you with an opportunity to oversight your own leaders at the local level. Take up that opportunity and baton.” Mr. Speaker, Temporary Sir, I am convinced that in the case of Makueni County, if this law was in place, many questions that the public were asking would have been answered through this petition. The default in answering those questions would have then come to the Senate. To address the issue of Sen. Ndiema on information, Article 195 of the Constitution is on all forms, in statutes with Article 125 which empowers Parliament – and that includes the Senate - requesting for any information. Let me answer Sen. Abdirahman that we must allow citizens to even ask questions on petitions without necessarily supporting those petitions with hard evidence as if in a court of law. Article 35 of the Constitution gives all citizens a right to information. Therefore, this right will be impaired if we insist that if you file a petition, it must be accompanied by evidence that so and so has misappropriated funds. This is because under Article 196, which I have just stated is similar to Article 125. The Committee that will sit to determine this petition will have a right to ask for documents and production of material. That way, we can then allow mama mboga, Mutheu, Wanjiru, Wanjiku or whoever it is, to ask whatever question they want to ask, without necessarily giving them such strict procedures. Otherwise, we will turn committees of the assemblies into a court of law, which is not the purpose of Article 35 in terms of information. Sen. Kajwang, I have noted your concerns and I had made a note about the petition that was in your Committee. I am glad that it has been answered. I think it would have been unconstitutional to dismiss a petition simply because it is in the wrong Committee. I have answered Sen. Zani’s question on public participation. Article 196 is clear that public participation shall be incorporated into the work of county assemblies. Sen. Murkomen, Clause 5(3) answers the question of public participation, because the petitioner will then be allowed to participate in the committee. At the time that it is being deliberated on the Floor of the Assembly, Clause 5(3) gives that avenue for participation. Mr. Temporary Speaker, Sir, I have answered most of the questions and we will incorporate the proposals to have a method of ensuring that there is a watchman of the watchman; that is the Senate. The Senate will watch and ensure that our county assemblies will not be used by governors as an avenue of rubberstamping and hiding information. We want to tell the public that there is a new era; a dawn has come where they will be able to ask questions. Gone are the days where, for example, the Governor of Machakos County would run around Makueni County. Somebody in Machakos County ought to ask where he is getting funds to go into another county. That is the formula that 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."
}