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{
    "id": 1017321,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017321/?format=api",
    "text_counter": 73,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "raised to the Supreme Court on the interpretation of the exercise of jurisdiction under Article 261 (5), (6), and (7). Thirdly, it is also a contradiction that the CJ is given what appears to be an administrative role under Article 261 to transmit a decision to the President to dissolve Parliament under Article 261 (7). Madam Deputy Speaker, in my view, the transitional part of the Constitution under Chapter 18 will also require deliberate interpretation. I slightly disagree with the notion that the word “shall” has got two meanings. The word “shall” is mandatory. However, in the exercise of jurisdiction by the President under Article 261(7), I am not persuaded that the President does not have a quasi judicial jurisdiction to check whether the process under Article 261 has been followed. Madam Deputy Speaker, we hope that the Attorney-General who is mentioned in Article 261 (6) (b), which says; “transmit the order directing Parliament and the Attorney-General to take steps to ensure that the required legislation is enacted.” This part of the Constitution was not complied with. It is an issue of constitutional concern. In my view, I humbly submit that the President cannot exercise jurisdiction under Article 261 (7) if Article 261 (6) (b) has not been complied with."
}