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{
    "id": 703400,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/703400/?format=api",
    "text_counter": 227,
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    "content": "Under Article 192, the final decision to suspend a county government lies with the Senate. Consistent with the provisions of Articles 96, this House is the defender and protector of the counties and their governments. Mr. Temporary Speaker, Sir, law is dynamic. It grows on a regular basis depending and informed on situations. Probably, the Senator for Makueni County would not have thought of bringing this Bill if it were not for the situation that occurred in Makueni County. It is what informed the Senator and the House that there is a gap in the law. The President cannot and should not, under the Constitution and in law, exercise power to the whim of those he wants to please or at the behest of those that he wants to make happy. The President in exercising power must act constitutionally, abide by law and the law equally must be clear on the structure, process and the intended outcome. In the sad case of Makueni County, we saw clearly how the President can abuse the process. He set up a commission in accordance with the Constitution but ignored every other step that followed and became the alpha and the omega in the process. We do not have the situation where the President is the alpha and omega on anything. He is also subject to the law. I saw the other day a petition to Parliament that urged that we return to the old days when the President was above the law and could do anything he likes. I am happy that the National Assembly summarily dismissed the petition. Mr. Temporary Speaker, Sir, in the Makueni County case, the President correctly set up a commission of inquiry. What followed after was an abuse upon abuse. The Commission carried out their work and submitted a report recommending a suspension of the County Government of Makueni. The President was obligated to forward that report to the Speaker of the Senate. However, he did not. I do not know if our Speaker or the Speaker of the National Assembly has a courage to point out to the President using the Shakespeare’s analogy to point at the king and remind him that he is naked as the little boy did when all the court chesters were wondering where the king had bought a beautiful suit of the type he was wearing when he was naked. It is incumbent upon the Speakers of the Houses to constantly remind the President the procedure when a Motion like that is set to occur. We know the limitations our Speakers have. They throw their independence through the window and act as appendages to the Jubilee Regime. It is most unfortunate because once they are elected as Speaker, regardless of who proposed them, they must exercise some degree of independence even if it is not absolute. You saw how the former Speaker Marende conducted himself in the last Parliament despite the fact that he was an Orange Democratic Movement (ODM) nominee. He regularly made rulings that roughed and rattled those who nominated him but he made Parliament stronger, wiser and independent of the executive. Mr. Temporary Speaker, Sir, my considered view on this is that the county governments and the national Government are governments under Article 6 of the Constitution, dependent and interdependent working in harmony. It should not arise that the head of one government can suspend the head of another government. It is an antithesis of dependence and interdependence. We have 48 governments in Kenya; the national Government and the 47 county governments. 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"
}