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    "id": 813918,
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    "content": "of necessity that were included in the Constitution. Why do I say so? If you look at this particular amendment, you will notice that the procedure for nomination was until the first General Elections after the commencement of this Act. It also provides that the President shall consult with the Prime Minister. That was then and it is not the case now. That is why we say that there is need to review this Constitution. At that time there was a consultative process in the prevailing circumstances. The same is also repeated in Section 10. It is not a bad idea because consultation is the way forward in any event. Mr. Deputy Speaker, Sir, eventually, we need to relook at our Constitution and Acts of Parliament that we have created and align them to the prevailing constitutional dispensation. It is critical and important otherwise, we will have different pieces of legislation appearing in the Acts of Parliament, including the Senate that will confuse the future generations. For example, in the prevailing circumstances today, we do not have the position of a Prime Minister. What do we do with this kind of law? Mr. Deputy Speaker, Sir, at some stage, we need to do a miscellaneous amendment to reflect the reality of the Constitution as it stands. Therefore, the clamor for amendment to the Constitution is not out of place. Any Constitution that is made within five to seven years, there should be an amendment of that Constitution to reflect the prevailing circumstances. What this Bill before this House is teaching us expressly is the fact that now it is time for us to relook at our Constitution and the political prevailing circumstances and see how this can be fitted so that it is brought in harmony with whatever amendments we want to create in the current statutes. It is very important because then we give conflicting signals. Of course, the way it appears here, it sets out the principle of consultation. Even in the devolved system, it also sets out the principle of intergovernmental relationship between the national Government and the county governments. Therefore, it is important for us to sit down and look at it more objectively. Mr. Deputy Speaker, Sir, talking about the Salaries and Remuneration Commission (SRC), sometimes we create constitutional commissions because we want to confer on them some independence so that whenever they make decisions, those decisions are not appendages of the Executive. What comes out should be a well- seasoned and well-argued principle on how to proceed particularly with the matters of remuneration. That is why there is a wider representation in this Commission. That way, you can pick up different varying views of various entities that are involved in coming to the global interest of the SRC, particularly as it relates to various sectors of our society be it the Judicial Service Commission (JSC), the Parliamentary Service Commission (PSC), the Public Service Commission (PSC), the Teachers Service Commission (TSC) and other relevant commissions. That is why there is that synergy which is being brought within that body. On its own position, they should not be expected to behave adversely to any one of those commissions. They should look at the issue at hand objectively and come out with a solution. Without picking any bones, I agree with Sen. Mwaura that unfortunately, Parliament became a scapegoat of certain decisions. It is unfortunate. Once you confer a right to somebody, you do not just come through the backdoor and take it away in the name of rationalization. It is wrong in principle. You should have rationalized that in 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."
}