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{
    "id": 789508,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/789508/?format=api",
    "text_counter": 145,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "law is not there, but how to execute it becomes extremely difficult. This Bill is an attempt to address problems that may arise in the President and the Senate dealing with matters arising under the relevant section of the Constitution that authorises suspension of a county government. They are making it clearer how and when powers donated by the Constitution or by the County Governments Act may be exercised. Madam Temporary Speaker, the most important thing that I want to comment on is to appreciate the fact that normally when the President appoints a commission; it would attain or have the powers of a commission of inquiry. A commission of inquiry is normally a very important mechanism for dealing with problems that may arise in the country where there is no clear way ahead on how to deal with it. It gives the public an opening to take part in discussions or resolution of the problems. The powers that are donated to a commission of inquiry are very similar to those donated to judicial organs in terms of dealing with evidence, calling witnesses and even in punishing those who do not obey the summons that it sends. Therefore, Commissions established under the provisions of the Constitution and the County Governments Act are extremely important. The way their reports are dealt with is equally important. The Senate would look like basically a rubberstamp; that when the President is justified and the Senate resolves, then willy-nilly, we have to deal with the problem the way it comes. However, the more important point is consideration of the report of the commission. Whether it is found that the county should be suspended, the Senate should have an opportunity to discuss all the matters that come up during the hearing of that commission and whatever recommendations it may have made in support or against suspension. This is because, ultimately, it is the Senate that has to deal with matters affecting counties. If in circumstances where there is justification for the President to appoint a commission, it means that whether or not the county is suspended is part of the question, equally important as a question to be addressed, is the reason the commission is instituted in the first place. That can only be addressed by the Senate having opportunity to talk with the material produced by the commission, whether or not it supports the recommendation for suspension or otherwise. Taking the case of Makueni County, there were a lot of things said, some of which we thought were justified. They were there in the public domain and we, as the Senate, did not get an opportunity as an arm of Government to look into those recommendations. We read it just like any other member of the public, but there was no legal or legislative process to look at what was paining Makueni County at that time. The question involving Makueni was even more important in that the process was triggered by the executive in Makueni County, which had a contest with the assembly. Two organs of government in Makueni had a battle, and battle lines were drawn. For weeks it was fought out in the public and in the whole country because people wanted to know what had happened and, yet, at the end of the day, the President is the only person who was able to look at the material. The Senate never got the opportunity, yet we are supposed to be addressing issues that affect counties, which include the executive and the county assemblies. 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."
}