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{
    "id": 916970,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/916970/?format=api",
    "text_counter": 150,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Constitution, I want Kenyans to know that it would have stood against their interests as envisaged in our various laws. Kenyans should know that the Senate will have sought to destroy that which Kenyans regard as being for the economic development of the country. For this reason, allow me to say that if only the Senate can stick to its mandate according to Article 96 of the Constitution, it can be of great help to our counties. They have so much in their plate that they do not need to move around and become “squatters” on legislative functions of the National Assembly. Therefore, we need to explore alternative dispute resolution mechanisms between the two Houses. If that fails, we will have no option, but to go to court. At the end of this Special Motion, the House Business Committee has been asked to turn itself into a committee under the Speaker, interrogate this matter and bring a report to the House. I see the Director of Public Prosecution (DPP), the Director of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) appearing before the Senate committees every day. The only committee since I joined Parliament in the 10th Parliament that deals with those institutions is the Departmental Committee on Justice and Legal Affairs. It vets them, appropriates their money and they report to it quarterly. The Chief Executive Officer of the EACC is approved by this House. This House gave the DCI Kshs7.9 billion. There is a lot of time wastage by public servants. A number of times, the President and the national Government have complained that its Cabinet Secretaries and State officers are within the precincts of Parliament a lot of time. If we observe our respective jurisdictions, then those who are supposed to be overseen by the National Assembly will appear before the National Assembly and they will leave the Senate to deal with governors and CECs for Finance and Environment. That way, the Government will not spend more time in Parliament. I am sure the Members will talk about this. The Constitution says that the Senate participates in law making and the National Assembly enacts legislation. There is a difference between participating and enacting. So, enacting is ours and participation is theirs. Participation can even be public participation. The other thing that is expensive is that when a Bill originates from this House, it goes through public participation. When passed, it goes to the Senate. The Senate conducts a fresh public participation yet we have the HANSARD. The people we are seeking to participate are the same people of Kenya. So, you will find different public participation reports from the Senate and the National Assembly. We are confusing the people of Kenya. That is why we felt that, that committee will call respective Cabinet Secretaries. Today, I want to send a warning to Cabinet Secretaries that they have no business appearing before the Senate. If they appear before the Senate, the relevant committee of this House will summon them and they will have to tell us under which provision of the law they appeared before the Senate. If they will have no serious answers, we will impeach them. One of the reasons that a State officer can be impeached is due to violation of the Constitution. So, Cabinet Secretaries, Monica Juma, Fred Matiang’i and Rachel Omamo, when they enter the precincts of Parliament, their domain is the National Assembly and its committees. They have no county functions. Prof. Magoha should appear before the Senate on only ECD matters. If they ask him any other question outside that, he should tell them that is not their jurisdiction. They have no constitutional backing to ask him those questions. There was a time I saw a Senate Bill on Potato Farming that was sponsored by the former Senator of Nyandarua County. That Bill should have been in the County Assembly of Nyandarua."
}