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{
    "id": 705986,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/705986/?format=api",
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    "content": "to remove the contribution of the Senate to that process and they know that the treaties as provided under the Constitution form part and parcel of the legislation in this country. There is no institution as mentioned by the chairperson that has the authority to make legislation to the exclusion of the Senate. This is one of the challenges that we have faced in this country. For the last three years, we have battled as a Senate to entrench the responsibility of the Senate in the passage of Bills. It must be understood that there is a point in having the Senate to look at legislations because the responsibility of this House is to look into the affairs, the interests and serve to protect the interest of counties. Mr. Temporary Speaker, Sir, some of the treaties that this country has ratified have serious implications with regard to agriculture and health and yet those two functions are fully devolved. Therefore, there is no way that this country can be treated to a circus where devolved functions like agriculture, health and infrastructure, this country will be committing itself and ratifying some of the treaties within those sectors. The contribution of the Senate must be mainstreamed and must be ensured in these Bills. I want to congratulate the Chairperson for bringing up this amendment. However, I am saddened by the fact that we had a situation where even the President was misled into signing an amendment Bill that was contrary to the Constitution that eliminated the contribution and the role of the Senate in the ratification process of treaties in this country. Members of the National Assembly must rise up to the occasion and appreciate the fact that we are living in a new constitutional dispensation. We need to appreciate the roles given to each of the Houses of Parliament by the Constitution. This is one of those important Bills that even as we discuss in this House today, we must sit down and reflect on the relationship between the two Houses. On several occasions, we have had an initiative driven by membership of this House to look at the Constitution afresh. We were able to point out the issues and the areas that should be amended so that this Constitution can lead to the spirit of what Kenyans expected after passing it. If we, as a Senate, will not be serious in protecting this Constitution, there will be systematic changes to it. Some of them will take the form of an Act of Parliament like in this case where an Act of Parliament was purportedly enacted to try and address a constitutional provision. Therefore, we, as a House, must be able to defend this Constitution. Mr. Temporary Speaker, Sir, it is important for us to do a comprehensive review of the Constitution. Kenyans are aware of the process that was started by the National Assembly last year where they devoted some resources into a review of the Constitution. Members are aware the report said that some institutions need to be abolished. They even went to the extent of suggesting that the Senate should be abolished. What did you expect from a procedure or a process where one House is giving and devoting resources towards a review of the Constitution? The position of the National Assembly has always been known with regard to the position of the Senate, county governments and many other institutions. It has in one way or another felt threatened by the execution by the mandate of those institutions. Mr. Temporary Speaker, Sir, it is therefore, important for this House to demand for that report that was done by the Auditor-General. I understand it was an audit into the Constitution. This will enable us, as a House, to ventilate and point out the issues. We do 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"
}