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"content": "issue like this arises again, and we do not, for example, have the kind of legal gaps that some of the legal minds in the Senate have identified. Those can be cured. We cannot just say that because of an Adjournment Motion, we have finished discussing; let us go and wait until there will be another transfer, then we talk about it. In that connection, I believe that the Mover, Seconder, and many of those who contributed to the Motion raised very important legal and constitutional issues in terms of substance and procedure. These are questions on constitutionality, legality as well as issues about procedure. Issues to do with public participation, as provided for in section 29 of the Inter-Governmental Relations Act, on whether the public participation should be prior or ipso facto – after the fact – which, again, is not clear from the law. There are issues to do with the role of the Senate in the whole question of the transfer of functions under the existing laws. But also, we would also like to investigate whether there are other proposals on amending the law for the future, to ensure that, for example, there is a role for the Senate and the county assembly before and after. These are questions that have been brought to the Floor. That is why I advised that we should forget about the politics, which we can do out there. This House must help the country so that in the future, we tidy up the process; and that is why we are here. That being the case or so, because I believe there are quite a number of issues; for the avoidance of doubt, including the constitutionality, legality and procedure followed yesterday. The fact that it happened does not mean that the Senate cannot look at it and perhaps advise and make recommendations for the future. That is why we are here. We will look very bad if we just keep quiet, just do the politics and say that it was good, wonderful or congratulate without scrutinising and saying, “This ought to have been done, and it was done; this ought to have been done, but it was not done; and it has to be done in the future.” That way, even the national Government, county governments, the Attorney-General and the country in general will be guided in the future. Having said so, Hon. Senators, I want to give the following directive. This directive will also apply to the extra Statement that will come and the observations thereunder; as I have said, this is work in progress. I now direct the Senate Committee on Devolution and Intergovernmental Relations jointly with the Senate Committee on Justice, Legal Affairs and Human Rights to immediately convene and take hearings from the following public officers: (1) The CS for Devolution and ASALs. (2) The Chairperson of the Council of Governors (CoG) or his representative. (3) The Attorney-General of the Republic of Kenya. (4) Any other person or authority that may assist the Committee in making proposals as I am going to direct. In doing so, the two committees shall work closely with Sen. Sakaja, Senator for Nairobi City County and any other senator who has an interest in this matter. After doing the hearings and receiving recommendations and submissions, the two committees shall file a joint report in this House. That shall be an interim report 21 days from today, whereby the committees shall look at what happened yesterday regarding the legal, constitutional and procedural issues and advise on whether there are legal, statutory or constitutional gaps and so on and so forth. 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."
}