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{
    "id": 1028410,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028410/?format=api",
    "text_counter": 75,
    "type": "speech",
    "speaker_name": "Suna East, ODM",
    "speaker_title": "Hon. Junet Nuh",
    "speaker": {
        "id": 2840,
        "legal_name": "Junet Sheikh Nuh",
        "slug": "junet-sheikh-nuh"
    },
    "content": " Thank you, Hon. Speaker. First I want to appreciate your Communication and the decision of the House Business Committee. Your Communication today proves that this is a House that upholds the rule of law. We have seen the judgment that was made by the High Court and we have decided to appeal in the Court of Appeal. That shows that we respect the courts contrary to what they think, that we do not respect them. The day I learnt about this ruling last week, I was shocked. I thought the judges were using a constitution of another country like Nigeria or Uganda. The Constitution is clear; as lawyers say, the law is clear. It is in black and white. We have been using our Constitution since 2013. The 11th Parliament was the first Parliament to implement the Constitution of Kenya, 2010 bicameral system of Parliament. This is an issue that has been canvassed on the Floor of this House under your leadership. Fortunately, you have been the Speaker of this House since that time. It is not the first time the Senators have gone to court. They went to court on the issue of Division of Revenue, they were given an advisory that did not work. Now, they have a ruling. If the ruling is saying the Appropriation Act, 2018; the Supplementary Appropriation Act, 2018, and the Appropriation Act, 2019 and the other subsequent supplementary Appropriation Acts were unlawful, I expect the Judiciary to return the money that they have used which was appropriated illegally. They have declared those Acts illegal. Therefore, they should refund the Exchequer the money they have used, including allowances and everything they have been using like food that they consumed. They must be surcharged from today. If I can remember, when we passed the Cyber-Crime Bill, the court suspended certain clauses of the Bill before it declared it illegal. Three days after, the Chief Justice was on record complaining how people are fighting him on social media yet, if you can remember, the Bill was supposed to address the same thing. The problem with the Judiciary is that they do not look at the national interest of the country. The Constitution is clear in Article 144 that money Bills are the business of this House. How do you discuss funds that you do not know how they are raised and you do not oversee Kenya Revenue Authority (KRA) and Treasury? If it were me, as a politician, I would have discarded that ruling and said ignore it. However, because we are a country that is governed by the rule of law, we will appeal that ruling. When the BBI Report proposes an avenue for people to complain to the Judiciary, it is referring to complaints on issues such as this. The Report proposes a Judiciary ombudsman. If that was the case today, I would have written to the Judiciary Ombudsman telling him that the three judges have made fools of themselves. But now, who do we complain to? Other than going to the Court of Appeal, we will burn in our houses with anger. If the ombudsman was in place in the Judiciary today, I would have written to him officially as a Member of Parliament to tell him that what the three Judges have done is wrong and he should look into it and take my complaints to the Judicial Service Commission (JSC). This is why people should open up their eyes and see the problem the Judiciary is posing. As much as they are doing good work, they are rejecting anything that they think is not going their way. Let us appeal the decision of the court. I will not come to"
}