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{
    "id": 1028837,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028837/?format=api",
    "text_counter": 117,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": " Thank you, Madam Deputy Speaker, for giving me this chance to contribute in regard to this historical moment; the decision made by the High Court in regard to the many Bills which were passed unconstitutionally. Madam Deputy Speaker, the only thing I would add in congratulation to the Speaker is that I wish that instead of just naming the party as the Speaker of the Senate, we should have had the name of Hon. Kenneth Lusaka, Speaker of the Senate, so that in reference to this case, his name would be cited now and again. I want to assure the House about this particular case. In doing so, I want to first begin by congratulating Sen. Okongo Omogeni, Sen. Mutula Kilonzo Jnr. and the other counsels who are from the legal Secretariat, including Dr. Okello, Ms. Mercy Thanji and the Office of the Clerk in enabling us do this work. I also must thank the former Chairperson of the Committee on Justice, Legal Affairs and Human Rights, Sen. Cherargei. Many people would forget that the basis for this case was established during his chairmanship. All through, he stood firm. The first appearance in court and subsequent appearances, the Chairman was there. Sen. Okongo Omogeni continued to do the same work as Chairperson of the Committee on Justice, Legal Affairs and Human Rights as part of the legal team in the case. One must remember that the law in regard to the power of the Senate had long been declared during the Justice Mutunga’s leadership in the Supreme Court. This is not the first time that the powers of the Senate are being spelt out by the Judiciary. Indeed, in the case that we went to the Supreme Court when we took the National Assembly to the Supreme Court, we had asked for various legislations to be declared unconstitutional, but it declined to do so. However, they warned the National Assembly that if they did not follow the procedure set out in the Constitution, the courts would not hesitate to declare them as being unconstitutional. The Justice Maraga’s leadership has also made pronouncements on the basis of the law as stated by this particular bench in regard to Article 110(3) of the Constitution. I am going by the doctrine of precedent and stare decisis . This is now the law of the land. I know that there may be plans to appeal against this ruling, but that will not go anywhere until they reach the Supreme Court. This is because the basis of this decision is the Advisory Opinion No.2 of the year 2014, if not 2013. I think we are in good territory. This case is precedent setting. In future, we cannot hesitate to go to the courts again - as we have demonstrated - whenever there is such injustice. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}