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{
    "id": 1097622,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1097622/?format=api",
    "text_counter": 101,
    "type": "speech",
    "speaker_name": "Kikuyu, JP",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": {
        "id": 1835,
        "legal_name": "Anthony Kimani Ichung'Wah",
        "slug": "anthony-kimani-ichungwah"
    },
    "content": "the matter still have the right and opportunity to canvas the issues that were before the High Court and the Court of Appeal in the Supreme Court. In my own reading and understanding of that judgement, especially on the doctrine that has been raised on the basic structure, although I am not a lawyer, just like Hon. Mbadi who is an accountant and an intelligent Kenyan, has said, we are able to read and decipher what basically forms the basic structure of a constitution or even a building like this one. Those are things that hold even a structure like this Chamber together. The pillars that hold this structure together are equivalent to what the doctrine calls the basic structure. There are those particular pillars that the judges have identified. We do not need to say that they are importing things from India because everything has its own basic structure. I identify with the judges that even our Constitution has a basic structure that holds the country and our Republic together. If you listened to the judges, they spoke to particular things. Listening to Justice Musinga, the President of the Court of Appeal, he, for instance, gave the example of the question that Kenyans voted on in 2010 and asserted that Kenyans elected to have a pure presidential system. Therefore, if you were to touch on the system of governance and move from a pure presidential system to a hybrid or a parliamentary or some mongrel sort of system of government, then it means that you are touching on the basic structure that Kenyans elected to govern them in 2010. I want to avoid the temptation that I have seen with a number of my colleagues to condemn the Judiciary and the courts because of their ruling. It is not the courts or the Judiciary, but the 2010 Constitution that is protecting and fighting for itself. The judges are only re- emphasising that Kenyans elected a Constitution where we sought to have the independence of the Judiciary. Kenyans elected to have an independent Legislature and that, at no time, should we introduce an Ombudsman that will interfere with the independence of the Judiciary. Kenyans also elected to have a free and independent Legislature that the Executive will not capture. Therefore, when the Constitution protects the Legislature from the Executive or State capture, we cannot blame the Judiciary. We can only laud the 2010 Constitution. I would like to ask that, even as you make your considered ruling, you look at those basic things like the question of the independence of the Judiciary, Legislature and the Bill of Rights because those are the issues, if you listened to the judges, that they were speaking to. If you dwell your considered ruling on that, you may find that we do not need to refer many of the amendments that we have before the House to the Judiciary as has been said by other Members. We do not need to ask anybody for permission to amend. However, anybody, whether the President, the “Peoples’ President” or whoever you think you are, you cannot interfere with the independence of the Judiciary and the Legislature. You cannot interfere with the Bill of Rights of Kenyans. The Constitution will fight and protect itself. I beg that, even as you consider your ruling, you look at those three issues on the independence of the Judiciary and the Legislature as well as the Bill of Rights. Thank you."
}