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"content": "our National Anthem. In fact, as soon as the National Anthem in sung, it becomes like a prayer. I congratulate Sen. Mutula Kilonzo Jnr., for having thought of making some amendments to ensure that there is some room for other people to also fly this flag and that it is not confined to one place. At the very outset, I support the provisions of Clause 4(b), which now extends the displaying of the national flag to any private residence, place of work or business. He has gone further to state that “provided that the display of the national flag does not undermine the authority or reputation of the State.” Mr. Temporary Speaker, Sir, he added that phraseology by way of emphasis. Although it was not necessary for him to add it in view of the clear provisions of the main Act in Clause 2(b), which preserves the decorum and respect for the national flag. If you violate it, you commit an offence. To me, that would have been enough. However, it is good to emphasize when you are now bringing in a new provision, so that people do not think that you are also diluting the respect which we ought to give the national flag. I do not think it was also necessary to have the amendments which touch on “where the Minister appears, you have Cabinet Secretary (CS)”, in this legislation. As soon as the new Constitution was passed, there ought to have been miscellaneous amendments which say that in any law in Kenya, whenever the word “Minister” appears; it should now read “Cabinet Secretary (CS).” That would have applied automatically in all legislations. To me, there is no harm in having it here. However, that would have been provided earlier so that we do not have it any time we consider an amendment to a legislation we say: “Whenever Minister appears, put Cabinet Secretary (CS).” That is a bit tedious from the drafting point of view. Mr. Temporary Speaker, Sir, I would have also preferred if Sen. Mutula Kilonzo Jnr. mentioned who should fly the flag. He has just confined himself to buildings, residences and so on. Who else should fly the flag? Currently, under Clause 4(a), it is only the President, the Deputy President, the Chief Justice, the Cabinet Secretaries, the Speaker of the National Assembly and the Speaker of the Senate; diplomats of foreign missions can fly their national flags. The way it is currently drafted is so much weighted in favour of the Executive. The President, Deputy President, CSs - they could be 20 because, at one time, we had 40, are all members of the Executive. The impression it gives is that, somehow, the Executive is superior to the Legislature. In the Legislature, it is only the Speaker who can fly a flag. Somehow, the Executive is superior to the Judiciary because in the Judiciary, it is only the Chief Justice who can fly the flag. I may have to propose an amendment to this so that we widen it. Anybody can fly the flag, but maybe we should go step by step. It is normally said that the Chairpersons of Committees of Parliament – both the National Assembly and Senate – are equivalent to CSs."
}