Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1017354,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017354/?format=api",
    "text_counter": 106,
    "type": "speech",
    "speaker_name": "Sen.(Dr.) Mwaura",
    "speaker_title": "",
    "speaker": null,
    "content": "maybe they were consolidated - I stand guided - after the ruling of the High Court by Justice Mativo, where the appeal was dismissed. So, what was to follow? It appears that the Chief Justice was moved by the six petitioners. Did they petition the High Court or the Supreme Court? That needs to be clear. In that regard, when you go and declare that a court order is as good as served because the parties were present when it was being issued, what kind of jurisprudence are you establishing there? Does it mean that you go and get the HANSARD or whatever records of the court proceedings and use them as a court order? What constitutes a court order? One of the things that comes out clearly here is that you cannot look at the law in its purest form and say that it only exists by itself. Legislation is positive law as Hyatt speaks about it in terms of the rule of law. However, the Chinese have moved ahead and argued that the rule of law is not enough. They talk about self-discipline and recently moved from self-discipline to self-purification. I think Chief Justice David Maraga should have self-purified by looking at this issue and saying that if you are to dissolve Parliament, you must look at the effect of that dissolution. One of the things that it does is that it separates elections. Therefore, the six elections that happen in a day in terms of a general elect ion will be staggered. It may be good for the Independent Electoral and Boundaries Commission (IEBC), but what is the import of that in terms of our governance? Further to it, this is a monumental question that has not been responded to. Is it true that Parliament failed to pass a law? My answer is, no. There were not less than three attempts to ensure that the provision of Article 81(b) and (c) and Article 100 have come into effect. When we were passing the Security Amendment laws, I proposed to delineate the 12 nomination seats in the National Assembly to occasion six of them to be men and six of them to be women and four people with disabilities. We were trying to fill this provision of the Constitution to breathe life into it. Going further, the question would be; what would be the best option of ensuring the promotion of representation of women or people with disabilities? Is it by facilitation so that they go fast past the post or do we resort as a country to go the proportional representation way so that we have the party list? These are fundamental questions that we need to talk about."
}