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{
    "id": 916486,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/916486/?format=api",
    "text_counter": 46,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "Despite the express and clear provisions on the processing of legislation under Part IV of Chapter Eight of the Constitution, the legislative process between the two Houses of Parliament has suffered serious problems that have literally paralyzed the legislative process and which, in my view, paint the legislature in bad light. The Senate’s legislative role continues to be hampered by hurdles that are constantly being set by our sister House, the National Assembly, for instance- (1) The National Assembly has originated and passed Bills without reference to the Senate despite the Bills being Bills that without doubt concern counties. The examples of such Bills in this and the last Parliament are numerous. (2) The National Assembly has, for all Bills originating in the National Assembly, totally ignored Article 110(3) of the Constitution. There has been no attempt on the part of the National Assembly in the Twelfth Parliament and hardly any in the Eleventh Parliament to comply with Article 110(3) of the Constitution. National Assembly Bills are therefore published, introduced to the Assembly, and processed to enactment without recourse to Article 110(3) of the Constitution. (3) In numerous instances where the Senate has published Bills and the Speaker of the Senate has, as required under Article 110(3) of the Constitution, sought concurrence on the nature of the Bills from the National Assembly, the National Assembly has opined that the Bills do concern counties. (4) Even where the National Assembly has concurred that a Bill originating in the Senate is a Bill that concerns counties, the National Assembly has gone ahead to determine that the Bill is a money Bill and thus one that cannot be processed in the Senate. (5) Bills passed by the Senate and referred to the National Assembly have eventually been introduced in the National Assembly for consideration and have taken inordinately long periods of time in the National Assembly. In the Eleventh Parliament, for example, at the end of the term of that Parliament, 32 Bills of the Senate lapsed while in the National Assembly Mr. Deputy Speaker, Sir, it is evident that the situation as reflected by this state of affairs is worrying and requires to be addressed and settled at the earliest possible opportunity. The leadership of both the Executive and the Legislature, while taking their respective oaths or affirmations before assuming office, undertook to obey, respect, uphold, preserve, protect and defend the Constitution. Having made this undertaking, we gain nothing as Members of Parliament (MPs) by undermining the very Constitution that we swore to defend and its institutions, including the Senate. It behoves us too as MPs, who similarly swore to do so, to remain true to the Constitution. Mr. Deputy Speaker, Sir, I wish to reiterate that the Senate will not be cowed by attempts to muffle its voice in its mandate of legislating and protecting the interests of the counties. The Senate continues to perform its rightful role. I appreciate why our colleagues in the National Assembly are shaken by the decision of the Senate to carry out its responsibility diligently and with obeisance and respect of the Constitution. 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."
}