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"content": "discharging our constitutional function of representation, legislation and oversight. That is insulated and it should be so known. Of course, when we look back, we have the sad case of the Governor of Embu who was impeached twice and who is now serving the remainder of his time as an “injunction governor”. This is not very helpful for the relationship between institutions in the country but we leave that for another day. Mr. Speaker, Sir, the Senators that we have set out are all distinguished men and women of this Senate. We have no doubt in our consultations that if this list is approved, they will discharge their functions in hearing the evidence and bringing it here after making a decision fairly. I assure the country that first, this Senate, like I said, is not a rubberstamp. Two, it is not vindictive. It will only act according to the facts placed before it. It must show the country that when county assemblies reach a level where they act in a manner that several of them have acted and send their outcome here, we are quasi-judicial and we sit more or less as an appellate structure, because we are dealing with what has already been dealt with at the County Assembly. More importantly, we also have original jurisdiction to hear the matter before us and make a finding in the facts. Mr. Speaker, Sir, in the previous similar cases, particularly the Murang’a County matter that was chaired by Sen. Musila, the Report was Tabled late in the House. It was tabled late because of the time constraints and the Members were not given the opportunity to properly read, digest and understand it. Be that as it may, we approved what the Committee advised. We do not want to take too long on this matter. By looking at the charges, some are serious and others are not. For example, in the indictment number nine, I do not understand why it is there. The Governor is accused of failing to assent to the Bills yet the law is clear. When the Bills are forwarded to the Governor for assent, if a 14 day period lapses before assenting, the Bill automatically becomes law. Therefore, there is no violation. The Governor cannot be indicted for failing to assent to Bills. He can be cautioned for being lazy but not violating any law. If he does not assent to Bills, they automatically become law after a period of 14 days. So, the assembly would not have acted in vain. However, that is a matter for the Committee to determine if we establish one to hear it. Mr. Speaker, Sir, this House must solve problems. Solving problems is part of our calling as a Senate. Last night, I re-read Chinua Achebe’s book “Things Fall Apart”. People read the Bible daily and we cannot ask why one is reading a Bible again. I came across a statement which I think is a worth quote to this House. This is what Chinua Achebe said:- “A man who calls his kinsmen to a feast, does not do so to redeem them from starving. They all have food in their own houses. When we gather together under the moonlight in the village ground, it is not because of the moon. Every man can see it in his compound. We come together because it is good for kinsmen to do so. Let us find time to come together physically and enjoy the power of togetherness.” Mr. Speaker, Sir, this is the important one. “Let us smile not because we do not have problems but because we are stronger than the problems.” We are here because we are stronger than the problems and we can solve them. Chinua Achebe was apt in saying so. We could have sat in our homes because we are on recess and send our decisions via emails after reading the charges. We have to come here because together as an institution of this country, an ‘upper House’ and as a House that if there were an impeachment of the President, we will have the final word, we come here because we are stronger than any 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."
}