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{
    "id": 1267486,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1267486/?format=api",
    "text_counter": 679,
    "type": "speech",
    "speaker_name": "Sen. Mungatana MGH",
    "speaker_title": "",
    "speaker": null,
    "content": "which prescribes the freedom of movement. They do not read that there is Article 40, which prescribes protection of property. There is also Article 26 which gives the right to life. Madam Temporary Speaker, if we are going to talk about the Constitution, then let us talk about the whole of that Constitution. Article 37 is not superior to the other Articles. That is my first point. My second point is that it is calling this nation to anarchy if we operate outside the State and the Constitution. That is actually calling upon the destruction of the State. Those of us who have gone to school and learnt law were taught jurisprudence in year one and that there was an English philosopher called Thomas Hobbes. Thomas Hobbes in his book Leviathan stated that in the state of nature, it was brute force that ruled society. Might was right. Then society developed and it created states. With the state, we as a society agree to surrender some of our powers to the executive and national parliament - and in this case the Senate and National Assembly - to the judges, so that there is social order. We agreed as a State that this is where we will rule and this is where we will make laws and this is where, if issues arise, we will seek interpretation of these laws. Any attempt to operate outside the constitutional order creates anarchy. Madam Temporary Speaker, I want to tell our leaders who are in the opposition that when you move out of the agreed state structure which we have put in the Constitution; if we have a problem, we shall go to the judges, when we want to create law, we shall go to the house of laws and when you want to execute, we shall go to the power that is the executive. When you move outside that you are going to create anarchy and we will have no State to talk about. I am urging the Leader of Opposition, hon. Raila Odinga, together with Martha Karua, Eugene Wamalwa and Kalonzo Musyoka to operate within the law. This is the way forward for this nation. We will never reduce the cost of living and bring change by throwing stones."
}