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{
"id": 1522362,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522362/?format=api",
"text_counter": 138,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Keynan."
},
{
"id": 1522363,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522363/?format=api",
"text_counter": 139,
"type": "speech",
"speaker_name": "Eldas, JP",
"speaker_title": "Hon. Adan Keynan",
"speaker": {
"id": 41,
"legal_name": "Adan Wehliye Keynan",
"slug": "adan-keynan"
},
"content": " Hon. Speaker, I am glad because Hon. Otiende Amollo was part of the drafters of the Constitution 2010. I believe he still has some of the notes that led to the inclusion of the Senate in it. The Senate that I had in mind, the one that came later on towards the tail end of the sitting we had in Naivasha and the one that I see now, are completely different. Luckily, I am speaking from experience. The Senate that we had in the first Bomas draft, the one that was ultimately included in the Constitution 2010 and the one that I see, are completely different. The only thing that comes to the fore is an attempt to illegally create a constitutional niche that does not exist for the Senate. The Senate is one of the Houses of Parliament. You can be here today as a Member of the National Assembly and be a Senator tomorrow. We do not want to bad-mouth them. It is a respectable House. However, one thing that we will not accept is to create an avenue for chaos. The technical people in the ministries, whether they are cabinet secretaries, principal secretaries or chief executive officers, are operating in a very difficult environment. I am glad because the Leader of the Majority Party had spoken to this today. It is high time that we ask the Senate to be accountable to the Constitution and rule of law. This is not a sign of weakness, but of nobility and adherence to the rule of law. Even in our villages and homes, the person who has the power of the purse and firing is the ultimate authority. The National Assembly has the power of the purse and firing or sacking. The only thing that is missing, Hon. Speaker, is the flair. I want to address the Leader of Majority Party because he is the appointing authority of many chairpersons of committees. By saying that, I am not in any way demeaning. When you sit on your job because of the fear of the unknown, somebody outside there runs away with your mandate. When they do so, we run around and say that the Senate has run away with our mandate. Chairpersons of committees, do not be afraid of the Leader of Majority Party, Leader of the Minority Party or the Whips. Work in line with the mandate of your committee. Even where you want to assist the Government, you can still do so within the confines of your mandate. Here we are today, even issues that are within the confines of the National Assembly committees are being adjudicated at the Senate, simply because our Members have failed to discharge their mandate. That must be addressed. The other bit is that right now, this House is being bashed. Hon. Speaker, I am glad you are here. You have seen it. You have been a Senator, you have been in the Judiciary, you have been in the Executive, and now you are here. Tomorrow, God knows what you will be. It is high time you guided this House. Guide this House to a constitutional path that will respect the mandate of the Senate and that of the National Assembly. I know that over the last two years, you have been attempting to avoid that jurisdictional conflict between the Senate and the National Assembly, but this must be reciprocated. It is not coming. I know you have tried. I know there is a Bill. What we are approaching right now is madness. We expect respect and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1522364,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522364/?format=api",
"text_counter": 140,
"type": "speech",
"speaker_name": "Eldas, JP",
"speaker_title": "Hon. Adan Keynan",
"speaker": {
"id": 41,
"legal_name": "Adan Wehliye Keynan",
"slug": "adan-keynan"
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"content": "reciprocity. We also expect tolerance from our colleagues so that whoever is a Senator, should also know that there are colleagues here who have the constitutional mandate to do certain things. Lastly, we have gone through this Constitution for the last 10 years. You remember when we were passing it, we said 80 percent was good. I remember the words that we used that 20 percent was illegal. It is time to dissect and go through the 20 percent that is not helping us in any way, do away with it, and make a constitutional change. Hon. Otiende Amollo, along with other legal brains and many others, should step forward and propose an amendment. This is not cowardice nor naivety, it is a necessity to ensure that the country is run in accordance with constitutional provisions, and that everyone respects the Constitution Cabinet secretaries and other groups out there, just as Hon. Kimani Ichung’wah has said, if you are being forced to execute an illegal mandate, refuse. Nothing will happen to you. That is where we are headed."
},
{
"id": 1522365,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522365/?format=api",
"text_counter": 141,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Hon. Silvanus Osoro spoke off record)"
},
{
"id": 1522366,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522366/?format=api",
"text_counter": 142,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Osoro, on the same issue?"
},
{
"id": 1522367,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522367/?format=api",
"text_counter": 143,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": " Yes, Hon. Speaker. First and foremost, it is interesting to have you preside over when the Senate is being discussed, having served in that House. That really shows a lot of comfort and the independence of institutions. Hon. Speaker, the formation of devolution in Kenya clearly sets out different responsibilities and roles across the various structures of governance. The mandate of each House in our bicameral Parliament is clear in the Constitution of Kenya. Yesterday, I saw a Senator on the Floor of the House using serious, derogatory and even vulgar language against a cabinet secretary. This is simply because they failed to appear before their committee regarding matters of the Budget Policy Statement. After a cabinet secretary appears before a Senate committee, then what happens? What next? The Senate has no single responsibility as far as the budget-making process is concerned. That is what came out clearly yesterday, that perhaps, they do not know their responsibility when they are equipped with immense work under the counties. I look at it in a layman's point of view that while the National Assembly is supposed to handle matters of national security, the Senate, alongside with the county assemblies, should be calling county askaris to ask what happens in the counties. Because what happens as far as devolution is concerned is bad, to say the least."
},
{
"id": 1522368,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522368/?format=api",
"text_counter": 144,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "Yesterday, we had a discussion. Right now, there is conflict. Governors have an issue with the National Assembly, the Senate has an issue with the National Assembly, and some independent bodies also have issues with the National Assembly. What is it that the National Assembly is not doing right that has caused issues with the Senate and other sections of the Government? This is why we are seeing the governors, in conjunction with the Senate, pushing for some funds under the Road Maintenance Levy Fund (RMLF) to be allocated to the county governments. However, we all know that it will take the Members of Parliament, and even the public, a microscope to truly see what the county governments are doing with these funds. While everything funded by the National-Government Constituencies Development Fund (NG-CDF) is visible to the public, you would need a microscope to see what counties are doing. I mentioned here yesterday that at some point, you will see governors, something I have said on several occasions, moving around in convoys of 50 vehicles, some with 20, and some with 15 vehicles. One vehicle carries a chair, another carries a carpet, another carries goons, and another one carries chairs. The Senate should be focusing on that. They should be summoning governors and asking them why that is happening, rather than interfering with the work of the National Assembly, acting ultra vires, beyond their limits and responsibilities, when we are The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1522369,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522369/?format=api",
"text_counter": 145,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "supposed to have distinct roles for each institution. This is also why we have several matters in court. When we pass legislation here, you often see the Senate rushing to court. I must thank you, Hon. Speaker, for the mediation process you have been facilitating between the National Assembly and the Senate. However, time and again, they take us to court over matters we pass on this Floor. Whenever we act beyond our mandate, they go to court. Do they also want us to go to court? We implore upon the cabinet secretaries to ignore some of these summonses and know where their place is. Their place is in the National Assembly. When the Senate wants to ask cabinet secretaries questions, they should call upon the CECMs in Nairobi, Kajiado, Mombasa and other counties, and ask questions. They should have called the CECM of Environment in Nairobi to ask them why their government littered a road, and blocked the Kenya Power offices at Stima Plaza. That is their role. I do not understand why the framers of the Constitution, framed it to appear like the Senate is the Upper House, when it is clear that their responsibility is to engage with the county governments and the county askaris. When we call the Inspector-General of Police, they should call the county inspectorate with their rungus . When we call the cabinet secretaries here, they should be busy calling the CECMs. When we handle anything related to national health matters, they should focus on calling the clinical officers from the dispensaries. That is where their limits lie. They should know their jurisdiction and not interfere with this House."
},
{
"id": 1522370,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522370/?format=api",
"text_counter": 146,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Let Hon. Elachi have the Floor followed by Hon. Ochieng’ then we close."
},
{
"id": 1522371,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522371/?format=api",
"text_counter": 147,
"type": "speech",
"speaker_name": "Dagoretti North, ODM",
"speaker_title": "Hon. Beatrice Elachi",
"speaker": null,
"content": " Thank you, Hon. Speaker. Sometimes, it is very sad for Kenya. When Kenyans were passing this Constitution, they thought that with two Houses and county governments, we would reduce poverty and rebuild our country, Kenya. But it seems every human being, including me, you, Hon. Speaker… Let me thank the Senate of the 13th Parliament because they tried their best to build the foundation of how we can work together in this Constitution and ensure the Senate stays within the roles that the Constitution has clearly outlined, and what it is supposed to do in this dispensation. The National Assembly should also perform its role as per the Constitution. But now, the Senate that we have faces a challenge because most of the senators are young. The Senate, where I was, is a place where you must have wisdom on how to make the country to move forward. The Senators we have today should be in the National Assembly. This is their House. The Senate needs people who have been in this House, and have seen everything that happens in this country so that they can help us navigate through what we are struggling with. Today, we have more poverty because most of the sitting governors came from this House to be governors. Even if we say they carry seats, they came from this House. Why can we not be different and do things better? I will go back to what Hon. Caroli Omondi said that it is time we change the Constitution and especially in terms of the division of revenue. Money must be divided in the counties and channelled through constituencies. Governors should be given 10 or 20 per cent for administration. The rest must go to development. When the Senate grills cabinet secretaries and generate reports after one year, do they ask themselves what they delivered? What the Senate delivers is critical after they summon a cabinet secretary and ask them questions in the presence of the media. What is this output that the Senate can table that has changed something in the functioning of the national Government? I humbly request you to sit and discuss with the Speaker of the Senate. Let us have a harmonious… If we talk about broad-based Government, the Senate must understand what it is. We want development. We are tired of these dramas."
}
]
}