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{
    "id": 992874,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/992874/?format=api",
    "text_counter": 150,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Mwaura",
    "speaker_title": "",
    "speaker": {
        "id": 13129,
        "legal_name": "Isaac Maigua Mwaura",
        "slug": "isaac-mwaura"
    },
    "content": "is a House of revision where people come and they are measured. They look at things objectively. Even when we disagree, we do so respectably. Madam Temporary Speaker, this morning, our Committee on Finance and Budget was invited by the Building Bridges Initiative (BBI) team to go and make submissions on some of the issues that have already been canvassed in this advisory opinion. This was because certainly the question was on which aspects of the Constitution need to be streamlined with regard to Division of Revenue Bill and the County Allocation of Revenue Bill. Interestingly, if we were to look at the history of the Division of Revenue Bill, when that matter arose, I happened to have been in the National Assembly. It was opined that the Division of Revenue Bill should not be brought to the Senate. Honestly, one of the things the Senate seems to suffer with - I do not want to say from - is the fact of that institutional capacity and memory, because we are a very nascent institution, as it were. We are the second Senate. We have to be the ones who are the pioneers. We are the ones who are to do the bull-work of justifying the very existence of this august House. At that point in the Eleventh Parliament, there was also another advisory opinion that was sought. I do not think these are just mere suggestions. I am very happy and I wish to congratulate Sen. Omogeni for being the Chairperson of the Committee on Delegated Legislation. I believe with the new power; he will be able to help this House to also make the proper regulations that will also see that whatever we legislate is implemented. Going forward, we have now known that the Supreme Court does not exist to just make mere suggestions, but whatever they say is binding. This is a constitutional court. This is the court that determines when there are disputes to do with the fundamental matters of the supreme law of the land. Madam Temporary Speaker, with that unity and sense of purpose, we should not tire in our quest to ensure that the Senate occupies its rightful role as the ‘Upper’ House of Parliament. This is something we must pursue, even when there are any changes to the Constitution. I was speaking to Sen, Orengo yesterday as the Senate Minority Leader; that this is something we need to pursue with outmost persistence and excellence. From the experience, we have already shown the country stands to gain from such an endeavour. In fact, if we are to pursue a Senate that is the superior House, it should be able to have veto powers on all legislation and Money Bills. It is inconceivable to have any form of legislation that does not involve drawing from the Exchequer because when you are legislating, you have to implement the law. You cannot implement the law in abstraction. If we are to look at even the rule of law as it were, the rules of natural justice may not be codified through legislation. In fact, there is a difference between law and legislation. Legislation is about an innovative legislator going to make some rules and regulations as to guide a certain process, so as it is fair and just. However, the rules of natural justice which is the source or law requires that you cannot have two Houses of Parliament that are at par because you would be engaging in some kind of ping-pong. 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."
}