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"speaker_name": "Sen. Ndiema",
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"legal_name": "Henry Tiole Ndiema",
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"content": "Mr. Speaker, Sir, this House has always played a fair game. We recognise that we have a bicameral Parliament and we have always acceded to and processed any Bills or business that comes from the National Assembly with the seriousness and urgency that it deserves. However, there has not been any reciprocity; not that we are asking for it as a favour but the Constitution says that institutions of Government must consult and cooperate. However, what is happening is total non- cooperation. The Constitution gives this House the responsibility to oversight counties and a function that has been given must be followed with resources. Resources follow functions. For the time that we have been here, this Senate has never been resourced enough. Instead, resources have been cut. When the Senate started, we had adequate resources for the Committees for benchmarking, but that has also been reduced. We are asking for money to safeguard and oversight the counties; it is not to increase our salaries or remuneration. If we are denied this money, it means that devolution is at stake. Devolution cannot work unless there is oversight. That is what is in the Constitution. Whatever is being done by the National Assembly is unconstitutional. It is unfortunate that the Constitution says that the Senate should not be involved in money Bills. That is where the problem started. We have to relook at the Constitution to ensure that the Senate participates in all legislations, including the so-called money Bills. Mr. Speaker, Sir, it is time we asserted ourselves. We should not just amend the Bills that come from the National Assembly, but reject them. Some Bills that come to the Senate are subject to rejection, but we have taken time to amend and negotiate. Instead of the National Assembly asking us to sit together to amend anything that is not proper, they reject and use the words ‘rejected in totality,’ as you have read. The language is non- cooperative and provoking. It is time that we use the same comb whenever there are Bills that emanate from the National Assembly. We have to show that we have the authority in law to do whatever we do. The National Assembly has been using the budgeting process to arm twist the Government to allocate them National Government Constituencies Development Fund (NGCDF). I am not advocating that the Senate should take the same route, but it is time we looked at all opportunities, whether through the courts or other avenues, to ensure that the Constitution is adhered to. The NGCDF is an area that we should look at. We know that the Constituencies Development Fund (CDF) has assisted people and it is not the wish of the Senate to curtail it. However, we know that it is not in accordance with the Constitution. If these mere regulations are deemed not to be in accordance with the law; how about the NGCDF? This House should assert itself and not give up. We should pursue this matter now and in the future. Thank you, Mr. Speaker, Sir. 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"
}