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{
    "id": 1017196,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017196/?format=api",
    "text_counter": 309,
    "type": "speech",
    "speaker_name": "Kangema, JP",
    "speaker_title": "Hon. Clement Kigano",
    "speaker": {
        "id": 13358,
        "legal_name": "Clement Muturi Kigano",
        "slug": "clement-muturi-kigano"
    },
    "content": " Thank you, Hon. Speaker. First, I would like to congratulate you and the Members of the Parliamentary Service Commission for deciding to take this matter to court. I can assure you that we support you and expect you to get conservatory orders so that we can have sufficient time to amend the offending provisions in Article 261. This is a matter where a party acts in bad faith and decides to revisit what was purportedly revisited. I would like to fault the Chief Justice. First is what in legal parlance we call pari delicto . He himself has slumbered. He has slumbered in action. For two years when this matter was taken to him, he never acted. He has now faulted Parliament and he wants it dissolved because it has not acted. When a situation like this arises, no party is entitled to take advantage. Secondly, I looked at the definition of the word “advice”. I took time to call my office while seated here and asked them to give me the legal meaning of the word “advice”. They went to an eminent dictionary in law called Stroud’s Judicial Dictionary. It is an acknowledged authority on legal terms. It says the word “advice” means guidance or recommendation offered to a client with regard to a future action. In this instance, Maraga has no client. If you do an analogy, he has no client. He has acted unilaterally. Thirdly, I want to use the analogy of Wanjiku to represent the people as spelt out in Article 1 of the Constitution. Wanjiku had suffered through a system of impromptu roadside election declarations in the previous constitutional dispensation. So, Wanjiku decided that the time for general elections must be made public and pronounced in Article 101 of the Constitution. That is the only clause that gives leave for general elections. There is no other clause in the Constitution. As you interpret the law, one of the guiding principles is that when there are two conflicting 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."
}