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    "id": 789512,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/789512/?format=api",
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    "content": "Speaker of the Senate--- There was a question of a memorandum from the President that is found in the proposed new subsection 9 and the report of the recommendations of the Commission and the petition for the suspension. These matters look like they are obvious but it is good to have completeness in law so that they are spelt out. Then, the Committee will have 14 days on receipt of the documents to make its recommendations to the Senate. So, time is important and the work of the Committee is time bound and when it finishes its work, the Senate in plenary will be able to deal with the matter as a whole. Madam Temporary Speaker, we can see the problems that are partly facing the Independent Electoral and Boundaries Commission (IEBC). To try and answer the question of what should be done in such circumstances, we have already spotted a lacuna in the law. As law makers, we should be alive to such challenges. By the way, we should not accuse ourselves that we are not good law makers. In the United States of America and in the United Kingdom when they were discussing the law in relation to Brexit that they had to make the other day, they were able to spot quite a number of gaps in law. So, it is an exercise that is continuous and it is important. If I may use the Floor of this House, I hope that once you have a law like this, it will be followed to the letter. For example, now a county government cannot be suspended without approval of the Senate. So, it continues to be in office until it is suspended. It is like the current problem where some IEBC Commissioners are still in office and the Inspector General of Police (IG) is withdrawing their security. That is bad practice, he should allow the whole process to be done with until they are all out of office then he can withdraw their security. It is giving the law a bad name; even giving people justifiable reasons to think it is political. So, I am stating something that has some bearing on this Bill because of how the law should be implemented. I want to tell the Cabinet Secretary for Internal Security together with the IG to apply the law and not to withdraw the security of the commissioners like they did to the opposition leaders in Parliament without justification. Once there is a right which is spelt out in the law, let it be there until a situation exists where it should be withdrawn. That happened even with the opposition leaders. We can now talk of returning their security because there was a “handshake” when they should not have done it; but they did it anyway. That should never happen and I hope that we will strictly apply the rule of law. The attempt by Sen. Mutula Kilonzo Jnr., is to make sure that the law fully runs its course in a way that is dignified and gives honour to the law, the Constitution and to the spirit of constitutionalism. This is what will make Kenya different when we are together as a country. Finally, on the question of suspension of the county governments, it is like the “nuclear” option; that everything else cannot work so you have to apply it. I hope that when you apply that “nuclear option” it will be in circumstances that do not have political nuances; that are not dealing with problems of governance but dealing with partisan political battles. With those remarks, I support this Bill. Thank you. 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."
}