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"content": "addressed in any circumstances. This is because there are matters where there is no discretion to intervene on the part of any public officer or any State officer. Therefore, Mr. Speaker, Sir, in seconding this Bill, the starting point is to broadly talk about the need to review the Constitution, especially on the question of these commissions. Over time, we have looked at how the Constitution has worked. Indeed, some of those who have served in these Commissions are also beginning to think that there is need to review the Constitution as it stands now. I, therefore, support this Bill based on that wide consideration so that the Republic and the people of Kenya should find the need for a constitutional review in order to address these gaps in the law. Mr. Speaker, Sir, in addressing the question of the SRC, I have looked at the law and the amendments which have been proposed by my friend, Sen. (Eng.) Mahamud, the Chairperson of the Committee on Finance and Budget. In the memorandum of objects and reasons for this Bill, he has clearly set out why these amendments are necessary. It will be merely a repetition for me to go through the arguments in favour of the amendments to this Bill. As is normal, the provisions as they are in the law at the moment are set up in extensor at the back of the Bill in page 272 and 273. Therefore, one will see the need for amendments and why they should find favour with the Senate. With regard to the amendment to Clause 3 of the Bill, the provisions that are found in the Act itself are in Section 9 and in page 273 of the Bill. It sets out the circumstances under which the position of the Office of the Chairperson or the members of Commission shall become vacant. It also enumerates three instances where there will be a vacancy in the office of the Chairperson or a member of the Commission. However, on the question addressed by this Bill in Clause 3(ba) which says:- “Ceases to hold office by virtue of expiry of the term of office of the office holder under Article 250(6)(a) of the Constitution;” That had not been provided for under the Act and, therefore, in order to fill that gap or lacuna, this amendment is important. If you go back to that provision, you would find that, indeed, Article 250(6)(a) of the Constitution is not well considered in the Act in terms which it can make sure that there is a basis upon which a vacancy can be filled within the necessary timelines. There are instances where normally, for example, a seat of a Member of Parliament (MP) falls vacant - including the Senate and the National Assembly. Determination of a vacancy where there is no specific provision can be addressed by way of a petition in the High Court. We do not have similar provisions. The Constitution has, indeed, spelt out instances when the seat of an MP, including a Member of the Senate, can become vacant. However, it is possible that there may be circumstances where a seat may become vacant in instances where the constitutional provisions may not be helpful, either in the case of the Senate or the National Assembly, for the Speaker to issue writs that those seats have become vacant. Therefore, that procedure does not necessarily apply in a question to be addressed by the court when somebody challenges the result of an election. There are instances where somebody can go with a petition and say that as far as they are concerned, there should be a determination that that seat is vacant. However, because we lack a similar provision in relation to this Commission, it is, therefore, commendable that this lacuna 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."
}