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{
    "id": 903905,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/903905/?format=api",
    "text_counter": 616,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Article 191 of the Constitution establishes parameters that restrict the role of the national Parliament. There are legislations that we cannot pass. Article 191(2) of the Constitution sets out circumstances where national legislation will prevail. Article 191(4) of the Constitution sets instances where county legislation will prevail. Therefore, the legislative authority of the Republic of Kenya is shared at the national level through Parliament and at the county level through the county assemblies. At the national level, there are systems of checks and balances between the National Assembly and the Senate. In fact, people who prefer unicameral system believe in despotism. A unicameral system passes laws in record time and carries out the desires of the Executive. In our Constitution making, we wanted to do away with the past. We wanted to avoid a scenario where the Executive would control Parliament especially when the ruling party has control of the two Chambers that constitute Parliament. We opted for a scenario where it would not be possible to pass legislation at a sitting without the participation of both Houses. I am grateful to the two distinguished Senators because this Bill is in tandem with the advisory opinion of the Supreme Court in the matter that the Senate took to the Supreme Court. Allow me to cite some of the comments that were made by the Supreme Court judges when they gave the Advisory opinion. The Supreme Court judges said that they could not think of circumstances where the participation of the Senate would be avoided but they said that with some caution for it, is possible. I want to refer my colleagues to what the Supreme Court said in terms of the steps that are to be taken before a decision can be made by either Houses for a Bill to become law. In paragraph 100 of the advisory opinion, the judges cited another case and they said that: “There is, in reality, a close connectivity between the functioning of national Government and the county government. We consider that the expression „any matters touching on county government‟ should be so interpreted as to incorporate any national- level process bearing a significant impact on the conduct of county governments.” This citing is written in italics which shows the emphasis with which the Supreme Court considered this matter. They said that: “The extent of the legislative role of the Senate can only be fully appreciated if the meaning of the phrase „concerning counties‟ is examined. Article 110 of the Constitution defines Bills concerning counties as being Bills which contain provisions that affect the functions and powers of the county governments as set out in the Fourth Schedule; Bills which relate to the election of Members of County Assemblies or county executive; and Bills referred to in Chapter 12 as affecting finances of the county governments. This is a very broad definition which creates room for the Senate to participate in the passing of Bills in the exclusive functional areas of the national Government, for as long as it can be shown that such Bills have provisions affecting the functional areas of the county governments. For instance, it may be argued that although security and policing are national functions, how security and policing services are provided affects how county governments discharge their agricultural functions. 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."
}