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{
    "id": 969561,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/969561/?format=api",
    "text_counter": 103,
    "type": "speech",
    "speaker_name": "Mr. Njoroge Nani Mungai",
    "speaker_title": "",
    "speaker": null,
    "content": "These figures we are seeing in the preliminary objection, the Governor had an opportunity to write to the County Assembly and say the resolution that was passed was not supported by the requisite numbers and because it was not I would like them to be corrected. That would be the foundation upon which this House would then be invited to ask the question whether the process was followed. Absence of those two interventions – or unless a party comes and say I did try and I was denied, you would not be required to do so. When Mr. Mbugua was submitting he made a scurrilous comment about the County Assembly. He used a disparaging word to suggest that the proceedings there cannot be trusted. We need as a country to respect institutions that we create under the Constitution. The Kenyan people, in their wisdom, created the county assemblies and created a structure and processes that they are supposed to undertake. It is not up to this House to keep second guessing communications from the speaker of the county assembly, unless there is a factual foundation to do so. You cannot say that, “those are county assemblies, so every time they come before we can check whether the Bill that you passed is correct can we see the tallies? Can we see how many people voted?” Even the Communications from this House when you have votes do not require you to send a list of members who voted. Communication from the Speaker about the passage of a Motion or a Bill is adequate. I would urge the Senate to disregard the allegation that there was no quorum at the county assembly. There has been no foundation in evidence to support that allegation. Therefore, no justification for you to interrogate the process. The second matter that the Governor raised in his case was that this House should not be sitting and has no jurisdiction on account of the fact that the Speaker called the special session that we are in 28days after the time prescribed by Section 33 of the County Governments Act. The learned counsel for the Governor asked good questions, but did not provide appropriate answers. The first question he asked is, “is there any statute that allows you to extend time?” I think that he had jumped ahead of himself. The question for me is not whether you are out of time. It is our submission, first, that these proceedings are well within the prescribed time. Further, that if you find you are out of time, there is law that enables you to extend time after. Article 124 (1) of the Constitution gives each House of Parliament the power to make Standing Orders for the orderly conduct of this proceedings. Pursuant to that provision this House has made its Standing Orders. There are two specific Standing Orders that are relevant. The first is Standing Order No.28 and Standing Order No.30. Under Standing Order No.28, the time for the regular sitting of this House is from the second Tuesday of February to the first Thursday of December. For purposes of these proceedings this means that this House adjourned from its regular sittings on the 6th December 2019. The county assembly proceedings were on the 19th December 2019. The House was not supposed to resume for its regular sitting until the 11 of February. From the 6th of December to the 11th of February this House was not supposed to be in regular sitting. What does that mean? Section 57(c) of the Interpretation and General Provisions Act Cap 2 provides that:- 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."
}