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"id": 901473,
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"speaker_name": "Sen. Orengo",
"speaker_title": "The Senate Minority Leader",
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"legal_name": "Aggrey James Orengo",
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"content": " Mr. Speaker, Sir, I am sorry to get this chance after you had almost closed debate but I am grateful. This is a very serious matter. The starting point is that Members of the Senate, each one of us, was voted in by voters from the constituencies and the counties. Those votes count and they matter. Therefore, in issues of legislation, while being conscious of Articles 94, 95 and 96 of the Constitution, the place of Senators and the Senate cannot be undermined. For this, I would urge us, to be as clear as possible. We should not only be clear but say everything that needs to be said about this matter. We went to the Supreme Court, as a Senate, and the Supreme Court was very clear in its advisory opinion. It is not just an opinion. It is an opinion that must be respected by institutions of Government. Kenya is a country of laws. It is not a country that is ruled whimsically. There is a power granted to an institution and an office in this Republic, which is not conferred on any other institution. That is the institution of the Presidency. Whenever I have spoken on this point, I have not minced by words because more than any other public or state officer and the authority that is placed upon the Presidency is quite distinct, different and unique, compared to other state officers, including, that of Mr. Speaker as the presiding officer in the Senate. The President is the Head of State, which means he is not just the Head of the Executive; he is the Head of State. This means he safeguards all institutions of Government, including, the Senate. Secondly, there is a power conferred on the Presidency, which is so critical. That is found in Article 131(2); that the President shall respect, uphold and safeguard this institution. If a Bill is to be assented to, the President should ask, because he has this unique responsibility under the Constitution – whether Article 110 of the Constitution has been respected in terms of legislation. Mr. Speaker, Sir, there is no law in the country that can be passed without the input of the Senate; even if it is a simple concurrence by the Speaker that signifies participation of the Senate. So, there is authority of the Senate being undermined and the authority of the Speaker of the Senate is being undermined too. Therefore, I use this opportunity to again urge His Excellency the President, because infraction of authority starts in small ways like this – even when this Parliament was being emasculated during the one party days, it started in very small ways. Even when Parliament became an institution under the Office of the President, it started in a very small way. The way it has started in a very small way now, we may take it for 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."
}