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"content": "giving the NLC the “teeth” that it required to undertake land reforms yet this is a pillar in the implementation of our Constitution. On the Truth Justice and Reconciliation (TJRC) report, to this date, we are still waiting to see what it contains. This would have addressed historical injustices. We are talking about truth, justice and reconciliation. What have we done for the last eight years that we have lived this Constitution? Has the Government done enough? I am afraid that it has not. Regarding devolved funds, we must admit that devolution is working. We are just from the Devolution Conference. We are excited about having devolution work but when it comes to releasing the funds that should accompany the services that have been devolved, we are not doing that. The last time we talked, we were given a matrix that showed that the funds that had been given to the counties were just 33 per cent spent, three months to the close of the financial year. We wonder when they will use these funds. When it comes to implementation of this Constitution, the Government has not done the much that was required of it. We have had the longest strikes ever; in schools, universities and hospitals. We have had strikes all over. This has affected us. I would have expected to have had in this Speech how we will end these strikes that are affecting our education and health systems. Something better from the Government in as far as this is concerned should have come out. I also appreciate that the President was able to meet one of the requirements of the Constitution, a very important one that allows him to address us on the state of the nation. This is a constitutional mandate but how many other times have we seen the Government not living the life that the Constitution has given us? How many other times have we disobeyed the same Constitution? I was really disturbed the other day. With the 20 years or so that I have in the practice of law, I have never seen such blatant disobedience of court orders like I witnessed in the last quarter of last year. This was not by just individuals but by the Government. As we go forward, in the spirit of the handshake, all those people should be reigned on regardless of who they are. The President said that nobody is above the law. We want to see that in action. They disobey court orders to an extent that the court has gone ahead to fine them in contempt of court orders. I expect the President to reign on those persons and direct that we obey court orders. If we do not obey the rule of law, it will lead to anarchy. Our President carefully used the words “craft a Kenya that is freer, fairer, wealthier and united.” He said this is what is expected from our Constitution. Did we, in the last eight years of the Constitution, have a freer, fairer, wealthier and united nation as what the President would want us to have? I am afraid, not. Freedom of speech became limited last year to extent that in the history of this country we had a total shutdown of the media for a whole week. That does not happen in a democratic republic. It shows that there is no freedom of expression and freedom of speech. I do not think it is fair. This time round I believe in the President of the Republic and the people’s president that we will have a freer and fairer Kenya going forward. Coming to the appointments, today I was shocked. In the Committee of Delegated Legislation, and I can see my Vice Chair Sen. Farhiya is here, they told us that a task 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"
}