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{
    "id": 857964,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/857964/?format=api",
    "text_counter": 498,
    "type": "speech",
    "speaker_name": "Sen. Wako",
    "speaker_title": "",
    "speaker": {
        "id": 366,
        "legal_name": "Amos Sitswila Wako",
        "slug": "amos-wako"
    },
    "content": "Thank you very much, Madam Temporary Speaker. I will be brief. As Sen. Wetangula and other Senators have said, this Bill is for us to reclaim our position in the Constitution. There is no better place for us to reclaim this than those places where the National Assembly, if you may recall, passed many laws touching on the counties. Those laws went through the Third Reading and then submitted to the President, who signed them and they became law. It took this Senate a lot of meetings to bring up comprehensive amendments to those laws to make them illegal. One of those areas is the treaties. I would have lectured quite a bit on the treaties, some which are self-executing and so, there is no need for ratification because they are there but some need ratification. Currently, under the Constitution of Kenya 2010, every treaty requires ratification through Parliament because Article 2 (6) states that treaties are part of the law of the land. Further, under Article 92, it is Parliament which makes the laws of the land. Madam Temporary Speaker, the international relationship has now reached a level where a number of treaties touch on the functions, which have been conferred on counties. When I talk about agriculture, it is a devolved function, and we have the Food and Agricultural Organization (FAO) in Rome. When we talk about health services, it is a devolved function, and we have the World Health Organization (WHO) in Geneva. When we talk about air pollution, which is a devolved function under Article 6 (3) of the Constitution, where the county government controls air pollution, it is a devolved function. We also have the United Nations Environment Programme (UNEP) here. In fact, on environment, the Constitution goes further to say that even where the national Government has done something on natural resources and environment, under Article 10, it also becomes the responsibility of the county government to implement that. Therefore, treaties entered into in these areas have to come here, so that we can see whether or not they touch on the functions of the counties, which is our basic concern. In conclusion, Madam Temporary Speaker, the Supreme Court ruled, in effect, that although the Constitution says that we are concerned with legislation which touches The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}