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"content": "taking charge not only of the finances of this country; how we tax our people, raise resources and spend it. Things will work out one day when we will behave like the first Parliament under the Kibaki Government where he tried, as President, to give instructions to Parliament to do things in a certain way. He had a lot of experience. He had been a Minister for Finance. Parliament said no. I remember at that time, the Minister for Finance was the late, my friend from Meru, Hon. Mwiraria. Parliament said no; including this thing called CDF it was not done by kowtowing to the Executive. They said, “You want a budget? We are not passing it until you give us the CDF.” Parliament carried the day. In the history of this Parliament, there is no war that this Parliament, both the National Assembly and the Senate, has won against the Executive. None! You are calling yourself a Parliament, bure kabisa! There is no one single instance. At least the Judiciary can have the authority and sense of patriotism, that when we make bad laws they can say: “Take it back to Parliament.” This is not what the law in Kenya should look like or what it should provide because there is a Constitution in Kenya. When you make laws, they must comply with the Constitution. They have said “no” many times. Mr. Speaker, Sir, on the Security Laws (Amendment) Bill, when the matter came here to the Senate, we were able to see the flaws in that Bill. We raised issues. Some of us agreed with the National Assembly but at least we raised those issues. When they went to the court of law, they were struck out with finality. The Executive did not even try to bring them back here. So am pleading with all of us, that let there be one day - in this competition for space - that Parliament can show its teeth and can bite, and not to be bitten all the time. There is no day, when there is no problem that Members of Parliament are not called to a Parliamentary Group meeting (PG) somewhere else. When these decisions were made you were not called, but when they bring problems, then you are called. We go there running and within one hour, the decision is changed. Parliament is there to represent the sovereign will of the people. The moment we get that clear, I think then the devolution experiment will work. Devolution, as it is now, is struggling. It may end up, when all is said and done, that it is another layer - just a layer - for spending money to pay State officials and officers at that level, because there is really no money for development. That is just a structure to have another layer of another Government at a local level for earning salaries. We could have done with a Board or something else if it was just a question of paying people salaries. The most important pillar for devolution at the local level is not only for creating democratic space, it is also to make sure resources go to the people. The people are not those that are being paid salaries because the people who are being paid salaries, even if it is in Siaya County, they must come from all over Kenya, they cannot just be the locals. Therefore, there should be sufficient money going to the counties for development and sufficient indicators for the health requirements of the people, to make sure they get water and that agriculture is funded in a way that is sustainable. That is when we can say devolution is working and any one person can stand firm and say that the system of devolution was good for Kenya. 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."
}