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{
    "id": 1212747,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1212747/?format=api",
    "text_counter": 99,
    "type": "speech",
    "speaker_name": "Sen. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 13591,
        "legal_name": "Cheptumo William Kipkiror",
        "slug": "cheptumo-william-kipkiror"
    },
    "content": "Parliament, in my submission, is one of the State organs. Therefore, it is bound by this Constitution. I refer Members to Article 159(1) of the Constitution on judicial authority. It says: “Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.” Article 159(2) says: “In exercising judicial authority, the courts and tribunals shall be guided by the following principles— (a) justice shall be done to all, irrespective of status;” Mr. Deputy Speaker, Sir, in 2010 when the new Constitution was inaugurated, I was serving as the Assistant Minister for Justice and Constitutional Affairs. I wish to submit that the framers of the Constitution intended to give authority to the High Court and the tribunals. The PPDT is an organ that has the power to issue orders, which, under Article 2 of the Constitution, should bind this House. The Members from the other side say that this ought not to have happened. However, the decision they have made as a coalition is affecting the political rights of a Member of this House. That is why that Member has gone to court to secure that right, especially if it is infringing in a manner that she feels is unconstitutional. There is the balance between what we want to achieve as political parties and political rights of an individual. I submit that you are within the constitutional principle. Members have spoken about what happened in the “Lower House”, when the Permanent Secretaries (PSs) could not be vetted. I want to add another situation that arose. Until last week, the Chief Administrative Secretaries (CASs) recruitment process was also stopped. That is another case I can talk about. Of course, that was against the"
}