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{
    "id": 1097616,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1097616/?format=api",
    "text_counter": 95,
    "type": "speech",
    "speaker_name": "Kiminini, FORD-K",
    "speaker_title": "Hon. (Dr.) Chris Wamalwa",
    "speaker": {
        "id": 1889,
        "legal_name": "Chrisantus Wamalwa Wakhungu",
        "slug": "chrisantus-wamalwa-wakhungu"
    },
    "content": "under this basic structure doctrine, and I found out that it is also not clear in academia and there are a lot of gaps. This is an area that PhD students in law need to research on. Having said that, I want to state that the matter that has been raised by Hon. Aden Duale is very key. There are Bills by Members of Parliament that have been processed and I want to state that this Parliament has very knowledgeable people as far as matters of the law are concerned. They should go through the pre-publication scrutiny and if the Bills have been processed and have reached some stage, you should allow them to continue. You should not stop anybody’s law just because of the ruling of the Court of Appeal or the High Court. We do not know whether the matter would be overturned if it goes to the Supreme Court. As much as this matter is fundamental, I find it premature because as per the apex of the Judiciary in our area, we know very well that the matter must be concluded by the Supreme Court where it will not be challenged. Hon. Speaker, we must wait until it reaches there, then we can pronounce ourselves that the matter has been determined by the Supreme Court and it cannot be challenged anywhere. For now, in my opinion, let us allow all the Members of Parliament who have come up with laws to go through the entire process of legislation. Later on, if a law that had been enacted is challenged by the Judiciary in terms of interpretation, then the same House can amend as per the interpretation. In my own small reading, Article 255 of the Constitution is very clear. We need to expedite the law on referendum to operationalise on a matter like this where there is confusion."
}