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"id": 864674,
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"type": "speech",
"speaker_name": "Sen. Orengo",
"speaker_title": "The Senate Minority Leader",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
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"content": "If you look at Article 123 of the Constitution which relates to the decisions of the Senate, it also distinguishes that there are two categories of matters which can come to the Senate other than by way of Bills. If it is a matter which is not by way of a Bill, the Speaker of the National Assembly would not be involved. This is because it is a matter which is exclusively in the jurisdiction of the Speaker of the Senate. There are some people who believe that we should just confine our discussions and debate on matters which concern counties. However, Article 123 says that when we decide that there is a matter which concerns counties other than Bills, then we will vote in the manner articulated in Article 123(2). However, if it is any other matter that does not affect counties, then the vote will be in accordance with Article 123(3). This means that the Senate can discuss any business, even those matters which do not concern counties, or those that do not necessarily affect the nation as a whole. From the point of view of what the Supreme Court of Kenya pronounced itself and what the Senate Minority Leader said and on account of Article 123, shows that our authority and power, including legislative power, is more extensive than people think. Our jurisdiction is laid out in Article 123. Were it not so, then it means that the Members of the Senate who are not elected through the ballot would have no decision making powers. We would be considering only matters affecting counties. Mr. Deputy Speaker, Sir, I, therefore, urge that your pronouncement on this issue is critical. It is an issue that should not just be left to the courts. The Constitution itself in Article 2 states that anybody who is making any decision, or enforcing any decision, is 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."
}