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{
    "id": 606320,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/606320/?format=api",
    "text_counter": 148,
    "type": "other",
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    "speaker": null,
    "content": "Madam Temporary Speaker, I would like to support the formation of the Select Committee. As it has been said, that is a step forward in the right direction. Instead of us just talking, we should take action and let that Committee be formed with clear terms of reference. They should come up with very concrete action points to ensure that the spirit and intent of this new Constitution is attained by Kenyans. Their terms of reference should ensure that devolution is protected because that is what Kenyans voted for. The Constitution intended to ensure that there is equitable distribution of resources; movement from the centre and that has to be protected because that is what we had been fighting for. Institutions should also be strengthened. Even though those who came up with the Constitution did not want a strong, Senate we are now seeing the need for a strong Senate to defend devolution because the National Assembly is not for it. The Judiciary should be as independent as possible because this is where some of these issues will end up. Much as we may not like how independent commissions are working, that is the responsibility they have been given and they are Kenyans performing duties for this country. They are not foreigners. One should not feel that he is more Kenyan than the other. The issue of separation of powers has to come out very clearly because that is the main issue. Madam Temporary Speaker, the Members of National Assembly will not like to part ways with CDF, but they have not realized that the powers they have are as a result of separation of powers. You cannot be the ones making the Estimates and then following them down there and then implementing. They should not have anything to do with implementation. The CDF should just die a natural death because that is what the Constitution requires. Legislators should do legislation and oversight and not implementation. Unfortunately, there was a time a legislator said that the Senate should be disbanded. The reason he gave was that Senators do not have any funds to implement projects. If that is the mentality of our legislators in the National Assembly; that they are there because they have funds to implement projects, then that person should be somewhere in the Executive. He should look for a job as a Principal Secretary or a Cabinet Secretary and not in the legislature where estimates are brought for approval to make sure that there is fairness. When they follow the same funding, that is the reason why they fight officers. The only reason they give is that the officers do not listen to their demands. The demands range from asking for projects or asking the particular officer to misuse his or her powers to punish somebody because that legislator does not get the support he wants from that public officer on the ground. We are told that the CDF will be limited to national Government functions and the national Government has a presence on the ground. It has its own officers in virtually all sectors, be it education, roads or security and the Member of Parliament has no business being the implementer of any project on the ground. Madam Temporary Speaker, this committee should be formed quickly; but it must be given a very clear mandate and terms of reference. If changes in the Constitution are required in order to strengthen this Senate, we have to check who to work with even it if means working with the Council of Governors. 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."
}