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{
    "id": 1017222,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017222/?format=api",
    "text_counter": 335,
    "type": "speech",
    "speaker_name": "Makueni, WDM – K",
    "speaker_title": "Hon. Daniel Maanzo",
    "speaker": {
        "id": 2197,
        "legal_name": "Daniel Kitonga Maanzo",
        "slug": "daniel-kitonga-maanzo"
    },
    "content": " Thank you, Hon. Speaker for giving me an opportunity to contribute to this very important matter. I will start by quoting what the former Chief Justice, Willy Mutunga, said in a recent television interview on his experiences as the Chief Justice of the country. He stated that he discovered that the Office of the Chief Justice is very political. When you look at his experiences and what the current Chief Justice has done through his advisory to the President, you can read a lot of politics in that particular advisory. The decision to dissolve Parliament has many political implications in the country. It can be used for several reasons by different people to achieve different ends. One thing that is clear is that the moment you dissolve Parliament, you dissolve the Government. That means that whether we like it or not, without Parliament, we cannot have a budget and, therefore, we cannot run the Government or the Judiciary. The moment the House is absent, it is clear. Looking at the Constitution, Members have contributed on many Articles. I do not want to repeat them so that other Hon. Members can also contribute. You must look at what is best for the country. What are the best interests of the country? That is where decisions should originate from. His decision is not the best for the country looking at the current status or the advice that has just been given by Hon. Kanini Kega as he consulted on the budget. Therefore, as Hon. Amollo Otiende said, the Chief Justice is functus officio meaning the bullet has left the barrel. Once the bullet has left the barrel, we thank the Speaker for making a quick decision so that the bullet may not hit its desired target. I believe we will get justice when we go to court. We will look at the conflicting Articles of the Constitution. The most important Article which takes precedence is the one on the sovereignty of the people. At the end of the day, it is the decision of the people and their decision is clear. It has put us here for five years. There are many other Articles that support that basis so that we do not end up in a situation whereby we close down the country. It is a sad situation. It is a wrong interpretation of the law. It must be revisited in one way or another, either through review or even a constitutional application to analyse its constitutionality. It would be important for all the lawyers in this House who have followed the debate this afternoon and gathered a lot of ideas to pass this Hansard to the lawyers acting on our behalf. Some of us should also volunteer to support that cause so that justice is done in this country and there will be no ideas. The President can still make decisions if this target is not moved as we had done through the courts. The Hansard of this afternoon is so useful to the lawyers. All ideas have been put forward and the best position has already come out of this House. We look forward to a situation where our Constitution is adhered to with regard to the sovereignty of the people."
}