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{
    "id": 1028871,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028871/?format=api",
    "text_counter": 151,
    "type": "speech",
    "speaker_name": "Sen. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "Let me take this opportunity to congratulate each and every Senator and also our colleagues who led us in this matter by offering their legal services to champion this matter in court on pro bono basis. Let me also take this opportunity to congratulate the Court for properly looking at the law and ensuring that they are guided by the fidelity to the law as it is, and not as it ought to be. In jurisprudence, that is the philosophy of law. We have several approaches to law. There are those who look at the law as it is; the so called positivist. Then, there are those who look at law as it ought to be; the so called natural lawyers. We look at the philosophy underpinning this good decision. You see that jurisprudence of positivism being inbuilt in this finding. For me, I think it is positive. It expands our jurisprudence and knowledge of law. It ensures that the Senate occupies the rightful place in the entire constitutional architecture of this Republic of Kenya. Madam Deputy Speaker, without straining your mind, when you look at an Act of Parliament, it is called an Act of Parliament, and Parliament comprises of both the Senate and the National Assembly. Therefore, it goes without saying that ideally almost all forms of statutes should be subjected to concurrence both by the National Assembly and the Senate. I am aware that our colleagues will be filing an appeal at the Court of Appeal. 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."
}