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{
    "id": 911280,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/911280/?format=api",
    "text_counter": 220,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(b) FURTHER REITERATES AND RE-AFFIRMS its commitment to protect the interests of the counties and their Governments; (c) REITERATES AND REASSURES the People of Kenya, on whose behalf it exercises its mandate under Articles 94 and 96 of the Constitution that it shall always, diligently and robustly prosecute that mandate and shall resist any actions or attempts to undermine devolution and the people’s aspirations for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law; (d) RESOLVES to institute legal proceedings to - (i) challenge the laws that have been enacted unprocedurally in the 12th Parliament; (ii) seek an interpretation of the term “money Bill”; and (iii)seek a final determination of the procedure to be followed in respect of all the Bills that are pending before Parliament so as to ensure compliance with Article 110(3) of the Constitution and for the future. Madam Temporary Speaker, this is a very straightforward Motion. This is a culmination of a continued struggle of the Senate since the year 2013. A decision has been made by the Senate in its own kamukunji to be affirmed, ratified and adopted by this House. In the kamukunji, it was agreed that I would move this Motion because it is a co-sponsored Motion, seconded by the Senate Minority Leader; and that we would not debate the merits of this Motion because they will be before the High Court of Kenya. Madam Temporary Speaker, suffice it to note that this process is very important for our Constitution. It has nothing to do with a competition between this House and the National Assembly. It has nothing to do with the political leanings of anybody in this House; it is about institutional integrity and protection of the Constitution. In the past, it was negative for anyone to go to court. Overtime, under the current Constitution, it has become a positive thing. Even the Government itself seeks advisory opinions and directions from the courts because they are institutions recognized by the Constitution to give final decisions on matters affecting governance. Therefore, no one out there should imagine that when one goes to court, he is being adversarial. It is also a mechanism we give people of Kenya to find the final determination of issues that we may disagree over or have a different interpretation on. The Constitution allows every citizen to interpret it the way they want but the final arbiter and interpreter of the Constitution is the court. We are going there as the Senate because we want to help the country, to be defenders of the Constitution and to ensure there is observance of the Constitution. Perhaps, in many years to come, history will be kind to all those Senators sitting in this House when it shall be said the strength of devolution, institutional integrity of Parliament, and respect for the institution of Parliament was greatly enhanced when the Senate of the Republic of Kenya decided they would take a very bold and courageous step to ensure that the jurisdiction and integrity of the Senate is protected by the courts of Kenya. Madam Temporary Speaker, this decision is unanimous. It is a 100 per cent decision of the Senate; 68 of the Senators are here. The Speaker of the Senate shall be 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."
}