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"speaker_name": "Sen. Orengo",
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"speaker": {
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"legal_name": "Aggrey James Orengo",
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"content": "Mr. Speaker, Sir, I was not going to say anything about this, but I would take the advice given by the distinguished Senator for Mombasa and ask you to look at the old Constitution and contra-distinguish those provisions as they relate to power of assent of the President. In the old Constitution, Parliament was defined as consisting of the National Assembly and the President. If you look at the Articles of that old Constitution on the manner in which reservations were required to be made, there is a marked difference with this new Constitution which is based on the fact that the President is not part of the legislature. He is not a law maker. Therefore, we may be turning the President of the Republic of Kenya through his use of the veto power to become Hammurabi, the law giver; where a lot of legislation is coming through the back door, but not through the delegated authority. The more important point about this issue is that the power that Parliament enjoys is delegated; it is not a power that vests on us. It is delegated to us by the citizens of this country. The Constitution requires of us to exercise that power in accordance with it. Therefore, to what extent is the President exercising his delegated power of the Executive to breach the powers of the legislature through law making by the exercise of the veto power? This is a very important distinction. Mr. Speaker, Sir, I know your capacity on matters like this; I would invite the Chair to look at the old Constitution because it went a little bit beyond what this Constitution is providing; it defined Parliament as consisting of the National Assembly and the President. The definition of Parliament is that it consists of the National Assembly and the Senate. Therefore, the President may be treading on very dangerous grounds by using the power of veto. But I will abide by your decision on this."
}