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{
    "id": 782857,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/782857/?format=api",
    "text_counter": 319,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "Mr. Deputy Speaker, Sir, that chapter on the replacement of deputy governors has received validation at the highest office. However, I agree with Sen. Mutula Kilonzo Jnr. that there is a trend that is developing in the courts. The Constitution makes it clear that Judges must purposively interpret the Constitution as a living document so as to give it meaning and to develop it. I do not think this purposive interpretation of the Constitution, or what the Americans call the ‘living tree approach,’ can extend to a situation of outright law making by the Bench. This is where you find a Judge sitting to draft the period within which a Bill or a Motion should remain in a county assembly; up to a point where they say 14 or 60 days. That will be stretching the provisions on interpretation of the Constitution too far and encroaching on the responsibilities of Parliament. That is why this Bill does not agree with the 60 days proposed by the Supreme Court of Kenya. The motion should remain within 14 days in the county assembly before approval. Mr. Deputy Speaker, Sir, the chapter on County Public Service Boards (CPSBs) was the work of our Committee in the last Parliament. There was a desire that the CPSBs must be made as independent as possible from Executive interference. In the Bill, we are proposing that a selection panel for the members of the CPSB and the county secretary should contain persons nominated by the Law Society of Kenya (LSK), the Institute of Certified Public Accountants of Kenya (ICPAK) and so on, and so forth. Having relooked at it, it is now clear that this will create a terrible bureaucracy. This is because in a situation where, for example, the county of Mandera wants to replace their CPSB members, they have to write to the LSK in Nairobi to nominate someone to go and sit there. Even if that person is within Mandera, in my view it is creating unnecessary bureaucracy. I am proposing that, at the Committee Stage, that chapter be amended accordingly. The Act now allows the governor to nominate the selection panel but, perhaps he should be guided that the panel should include an advocate of the High Court, an accountant and an expert in human resource matters. The governors can then appoint 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."
}