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{
    "id": 814409,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/814409/?format=api",
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    "content": "The role of a legislature is generally summarized as being legislation, oversight and representation. Mr. Speaker, Sir, the legislative role of the Senate is set out in Part 4 of Chapter Eight of the Constitution. Article 109 of that part of the Constitution limits the legislative role of the Senate to “Bills concerning counties.” Article 110(1) of the Constitution provides as follows with respect to Bills concerning county governments- “In this Constitution, “a Bill concerning county government” means–– (a) a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule; (b) a Bill relating to the election of members of a county assembly or a county executive; and (c) a Bill referred to in Chapter Twelve affecting the finances of county governments.” The Fourth Schedule to the Constitution referred to in Article 110(1)(a) sets out the powers and functions of the national Government and those of the county governments. Mr. Speaker, Sir, the legislative mandate of the Senate is, therefore, limited to Bills that affect the functions and powers of county governments as set out in Part 2 of the Fourth Schedule or to Bills provided for under Article 110(1)(b) and (c) of the Constitution. It is, however, important to note that while the legislative mandate of the Senate is limited to this extent by the Constitution, the oversight and representative mandates of the Senate are not limited. The Senate is, therefore, fully empowered under the Constitution to deliberate on any matter under the sun that concerns it, the people it represents and this country. Consequently, the allegations to the effect that the Senate and its Committees have overstepped their mandate by considering various matters of concern does not find support in the Constitution of Kenya, as the Senate is mandated under Articles 94 and 96 of the Constitution to deliberate on any issue of concern. Mr. Speaker, Sir, I want to assure this House and reiterate that the oversight and representative mandates of the Senate are not limited. Consequently, the Senate and its Committees are free to deliberate on any matter of concern as robustly as they have continued to do, and in accordance with the law. Mr. Speaker, Sir, before I refer to something else, it must be known to the people of this Republic that the main reason why many people are at the moment making a lot of noise about the robustness of the Senate and the issues that the Senate has been inquiring into – starting with the problems that affect the tea farmers, to the issues relating to the Solai Dam tragedy, to the issues that relate to the Ruaraka land – the only conclusion that we can make is that those who wanted to cover up issues that affect Kenyans are now feeling the heat and the impact of the Senate in its responsibility. Mr. Speaker, Sir, it must also not be lost to Kenyans the reason we have the Senate and a bicameral legislature all over the world is for purpose of checks and balances. The Constitution of Kenya 2010 provided for different centres of checks and balances; the Legislature checks the Executive while the Judiciary checks both arms of 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."
}