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{
    "id": 665707,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/665707/?format=api",
    "text_counter": 229,
    "type": "other",
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    "content": "mixture of tools forming the glue that Kenyans manufactured to bond together the historically disenfranchised and disempowered Kenyans on the one hand, and the middle and upper classes with a stake in the political economy on the other hand. The Kenyan Constitution is a social democratic pact, in which the different classes with a stake in the viability of ‘Project Kenya’ have agreed to live together, provided the promises of the Constitution are realised. From this perspective, the Senate, as much as the new Judiciary and the governors have a solemn duty to save Kenya by ensuring that the safety valves that sustain Kenya, of which devolution is key, are animated and implemented. The first role of the Senate is that of representation of the counties and their governments. As a collective agency of counties, the Senate cannot afford to be an adjunct to the Executive or the national Government, as such would be dereliction of duty. It is, therefore, incumbent and proper for yourselves as Senators to ensure that your line of duty is to represent, assist and advocate for the rights and entitlements of the counties to the fullest extent possible as against the national Government. This is a duty that calls for objectivity, but not neutrality. In other words, whenever we are at crossroads as to whether to act in favour of the counties or the national government, the Senator’s constitutional obligation is already spoken for and must not be in doubt - the county comes first. I say this because there is a feeling that the impeachment proceedings that have arrived before you would give the impression that sometimes, this august institution considers itself as the executioner of the counties rather than its guardian and protector. Mr. Speaker, Sir, the Senate as an institution must realize its constitutional promise and potential and seize the moment to be the vanguard of devolution. In doing so, the Senate must learn from history and comparative studies. History has taught us that an institution can rise above the authority given by the text of its birth certificate or constituting instruments; or sink way below its textual authority and relevance, depending on how the institution captures the imagination of the people, contextualizes its mission and functions and becomes socially relevant or irrelevant. The Colombian constitutional court gives as good an example as the Seven Bearded Sisters. They were actually eight; the eighth one was the only sister (one of who sits in this Senate today) shows how even a section of an institution can be vital for fighting for people’s freedom. Comparative jurisprudence also teaches us that the liberating role of an institution even when bequeathed by the Constitution is not readily accepted or nurtured. Instead, those threatened by potential for such liberation would do everything to ensure that the institution is still-born. The Senate’s role in Kenya’s constitutional architecture is not yet fully activated due to the political context. However, the solution is not to resort to overly assertive and extra-legal maneuvers to assert authority and relevance but to strategically assert Senate’s constitutional role by strategically using the courts, constructively engaging with other arms of Government, the civil society and mounting enlightened civic awareness of the public. It is the pedagogy of strategic engagement with the other arms and actors, consistent issue-oriented discourses with the public and systematic and sequential 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"
}