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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": "As such, a Bill on security and policing would be a Bill concerning counties. The substantive Speaker should have been here for him to listen to me read this: “With a good Speaker, the Senate should be able to find something that affects the functions of the counties in almost every Bill that comes to Parliament, making it a Bill that must be considered and passed by both Houses.” This speaks louder than any word. The other thing that I liked in this judgement was the issue of the Bill of rights. Allow me to refer to paragraph 193 which states that: “It is relevant to consider the range of responsibilities shouldered by these nascent county governments”. The Supreme Court is saying that the county governments have a crucial responsibility in as much as they are young. They go on to say that: “The Bill of Rights (Chapter 4 of the Constitution) is one of the most progressive and most modern in the world.” I said that in my preamble. “It not only contains political and civil rights, but also expands the canvas of rights to include cultural, social, and economic rights. Significantly, some of these second-generation rights, such as food, health, environment, and education, fall under the mandate of the county governments”. The Bill of Rights is the pillar of the current Constitution. For us to achieve the second- generation Bill of Rights; food, health, environment and education, which fall under the mandate of the county governments, substantial resources have to be given to the counties. That is the only way the counties can meet their constitutional responsibilities. We do not need to say more. In fact, with the advisory opinion of the Supreme Court of Kenya, this matter should have been put to rest a long time ago. However, I am glad that we now have this Bill that makes it possible for us to follow this advisory opinion. I am glad, having interrogated the Bill against this decision that I have just read, that Sen. Mutula Kilonzo Jnr. and Sen. Sakaja have followed the prescription of the Supreme Court of Kenya faithfully and religiously. In fact, if anybody can vote against this Bill, they will be undermining the authority of the Constitution and of the Judiciary, because on matters to do with adjudication of disputes between citizens or governments or governmental bodies and citizens, the Supreme Court of Kenya has the final word. The Executive has nothing else to do, but to obey. This Bill, therefore, falls within the Supreme Court of Kenya decision."
}