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{
    "id": 1017165,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017165/?format=api",
    "text_counter": 278,
    "type": "speech",
    "speaker_name": "Mvita, ODM",
    "speaker_title": "Hon. Abdullswamad Nassir",
    "speaker": {
        "id": 2433,
        "legal_name": "Abdulswamad Sheriff Nassir",
        "slug": "abdulswamad-sheriff-nassir"
    },
    "content": " Thank you, Hon. Speaker. I want to go not necessarily against the grain. My colleagues are requesting me in the background to speak in Kiswahili but I think for the right ears to hear me, it is important that they understand what I am going to say. Hon. Speaker, Article 259 of the Constitution of Kenya stipulates that the Constitution should be interpreted in a manner that contributes to good governance. When you look at the way the Chief Justice has interpreted this particular advisory to the President, I do not know whether it is in a demeaning manner, but I am informed that the President received a heavy level of communication via e-mail. The wording in Article 261 (7) and (8) uses the word “shall”. I want to indulge my colleagues to read Article 159(2) of the Constitution which states: “(2) in exercising judicial authority, the courts and tribunals shall be guided by the following principles – (a) justice shall be done to all, irrespective of the status”, and the question that beckons is: Has justice been done to all, despite the Constitution of Kenya saying it shall? “(b) justice shall not be delayed.” How many of us here have constituents who have had cases going for years on end? The same Constitution says: “(d) justice shall be administered without undue regard to procedural technicalities; (e) the purpose and principles of this Constitution shall be protected and promoted.” Hon. Speaker, in the same Articles, they talk about the Judiciary. It is stated that the purpose and principles of the Constitution shall be protected and promoted. It beckons to ask the Chief Justice of this country whether that has been achieved. The first Article of this Constitution talks about the sovereignty of this country, where that sovereign power has been delegated to duly elected representatives. When we try to enforce something then we are negating the same Constitution that we have taken an oath to uphold. What surprises me is that the Fifth Schedule does not talk about just Parliament enacting laws regarding two-thirds rule or rather a third, it talks about 50 laws that Parliament is supposed to enact, not one and there are people who have taken Parliament to court on these matters. Article 27 (6) and (8) which talks about freedom from discrimination is so clear. The operative word here that is being used is the “state shall ensure” - not Parliament. We are now in a situation where the Constitution of this country is being read one-sided. I will not take much time, but I congratulate the Parliamentary Service Commission for the wise action that you have taken. I do not know whether the Chief Justice is aware that Article 25 (c) of the Constitution of Kenya gives anyone, that being an institution or an individual, the right to a fair trial and hearing. The question is: Was this House given this opportunity? I want us to go back again, when we talk about “shall” and there is a time lapse of five years, where does it say that those five years shall commence from a particular Parliament? Where does it say that when we are now talking about enacting, we looking at the period by which a Bill is published and we reached its pinnacle? Are we looking at five more Parliaments to come? Previously, the Supreme Court held in a majority opinion, that the application of the gender rule should be progressive. This is the opinion of the Supreme Court which was then headed by the 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."
}