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{
    "id": 567241,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/567241/?format=api",
    "text_counter": 266,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "has vested that particular power in the High Court. This is what it says with regard to the Bill of Rights. Article 23(1) says:- “The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.” What is being alleged here is that a fundamental freedom that is contained in the Constitution has been breached. The Constitution has already provided a way out in terms of where those issues can be resolved. It is not for this House to resolve them. Let me mention this; The Justice and Legal Affairs Committee has about 19 lawyers. Even if we sat as a bench, this is the biggest bench that you can have anywhere in Kenya. The Supreme Court has only seven members. We have very many lawyers like Hon. Kaluma, Hon. T.J. Kajwang’ and others. Whether we decide to say that what Hon. Odanga has said is true, it will not be arbitration in accordance with Articles 23 and 165 of the Constitution as read together. Those are matters that should be taken to the High Court for arbitration. They are not matters to be brought before Parliament. In that respect, as much as he would like to exercise his right, this is not the place to exercise that right. He should take it to the High Court. On matters that are repealed, we should not be listening to them. Hon. Odanga, who I have said is a distinguished Member, says in his petition which has been circulated that the Cabinet Secretary “appears”. He has not committed himself. The language is very clear. The appearance is different from what the law states. It says “if the person has grossly mis-conducted himself” and not “appears.” Matters of appearing are matters of opinion. Those are not matters of law. Secondly, I would like to say that Hon. Odanga is a member of the Education, Research and Technology Committee. Standing Order No. 216 gives the Committee under the able Chairperson of Hon. Sabina Chege powers to investigate or inquire into matters that relate to the Department of Education, Research and Technology. The matters that have been referred by this distinguished Member of Parliament are matters that ought to have been investigated by the Committee on Education, Research and Technology where he sits as a member. On matters that he has referred to, there is no evidence that he has tendered them there. There is no report of the Committee which can persuade the House that this matter has been exhaustively and deliberately investigated upon by the Committee. We are waiting for that report. I should see that report. It will be gross misconduct by a Chairman like me to come to this House to report on matters of the Judiciary without a report. Secondly, Hon. Odanga---"
}