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{
    "id": 917027,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/917027/?format=api",
    "text_counter": 207,
    "type": "speech",
    "speaker_name": "Kathiani, WDM–K",
    "speaker_title": "Hon. Robert Mbui",
    "speaker": {
        "id": 1750,
        "legal_name": "Robert Mbui",
        "slug": "robert-mbui"
    },
    "content": " Thank you, Hon. Temporary Deputy Speaker for giving me the opportunity of right to reply because the Senate spent time discussing the National Assembly on matters that are extremely sensitive. Kenyans were wise in bringing back the Senate in 2010. Looking at the squabbles that we have had between these two Houses, it is clear that there must be some serious misinterpretation of the roles that each of us have. Since the 11th Parliament, we have been having a supremacy fight. Most of the time, our Senators believe that they should be supreme or have more roles because of the geographical regions they cover. Unfortunately, they do not read the Constitution, which is what defines the roles of the National Assembly and those of the Senate. I have noticed a lot of misinterpretation. Most of the time, it comes from the definition of the word “parliament”. We have agreed that ours is a bicameral parliament which means that we have the Senate and the National Assembly. At the time the Constitution was being promulgated, we had come from a single House and that meant that any reference to the word “parliament” at that time was with regard to the National Assembly. That is why you see gaps in the Constitution whenever there is reference to “parliament”, when the actual intention is to talk about the National Assembly. Those little loopholes are the ones that the Senate has consistently used to ensure that they stifle our work and make it very difficult. The Senate is a copycat House. The Constitution gives us oversight over State organs and officers. It does not give them that role. But you see them attempting to do that. It gives us the management of money Bills. You see them attempting to pass or bring forth money Bills. It gives us a leadership structure that is in the Constitution. Like my Whip has said, you see them attempting to also copy and initiate leadership as per the National Assembly’s rights and systems in the Constitution. Going forward, if we were to conduct a referendum, I would propose that the Senate becomes a Committee in the National Assembly. The National Assembly can carry out those roles which are defined in the Constitution very easily. When you have a House that meets continuously and have made themselves full-time Senators, what it means is that the Constitution gives them very little work and they attempt to look for work which they do not have. They spend their time in the corridors looking at the Bills coming to the National Assembly and salivating and wanting to participate in those Bills. That is where the problem is. The Senate has been attempting to amend the Statutory Instruments Act so that it allows them a role in the scrutiny of regulations and subsidiary legislation. There is a Committee on Delegated Legislation in this House. That is the only Committee that, as per law, should deal with issues of subsidiary legislation. The Senate has absolutely no role to play in the consideration of subsidiary legislation. A clear reading of the Constitution bears this out. Article 95(3) of the Constitution grants the National Assembly general powers to enact legislation only limited in instances where it must concur with the Senate on Bills concerning county governments and constitutional amendments. In contrast, Article 96(2) of the Constitution expressly limits the legislative mandate of the Senate to participate in law-making by only considering, debating and approving Bills concerning county governments. I will not even bother going into those because my leader has gone through them very adequately. At no point does the Constitution mention such a thing The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}