Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1299210,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1299210/?format=api",
    "text_counter": 31,
    "type": "speech",
    "speaker_name": "Hon. Kingi",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "Secondly, trying to curtail Parliament’s constitutional responsibilities undermines the sui generis stature of Parliament as the constitutional organ that is directly elected by the people and thereby exercises the sovereign will of the people. Thirdly, attempts to injunct Parliament is inimical to the desirable levels of institutional comity and cordial relations among the branches of Government and is in itself tantamount to subversion of the Constitution.” Hon. Sen. (Prof.) Kindiki further ruled that the courts of law cannot and shall not stop or attempt to prevent Parliament from undertaking its constitutional mandate. Neither can the Judiciary compel any action to be undertaken by Parliament. He further ruled that any injunction interfering with the work of Parliament has no effect on Parliament in exercise of its constitutional functions, and that such court orders have no effect on the National Assembly or the Senate or on any of their committees, respectively. On the basis of this Ruling, the Special Committee on the removal from office of Governor Samboja proceeded to consider the Resolution of the County Assembly of Taita-Taveta to impeach the said Governor and tabled its Report before the Senate. On 12th November, 2008, while the National Assembly was considering a Bill to amend the Constitution, Hon. Olago, Member for Kisumu Town West, rose on a point of order, and tabled copies of pleadings and a conservatory order in Judicial Review Petition No. 689 of 2008 (Samuel Mutua Kivuitu and 22 others – vs - The Attorney-General). The said order sought to restrain the Government of Kenya from taking or commencing any executive or legislative action or process to disband or abolish the Electoral Commission of Kenya (ECK) and or remove its members from office. The Hon Member sought a ruling from the Chair on whether the court order amounted to a derogation from the constitutional principle of separation of powers by the Judiciary. He argued that the ruling of the High Court contravened Section 30 of the former Constitution and amounted to a subjugation of Parliament by the Judiciary. He therefore sought a ruling from the Chair in this regard. On 27th November, 2008, Speaker Marende delivered his ruling where he stated that I quote: “It has been stated that next only to the privilege and immunity of free speech within the House, the most important privilege of this House is the right of the House to regulate its own procedure, free from intervention by the Executive or the courts. The House retains the right to be the sole judge of the lawfulness of its own proceedings. Accordingly, Parliament cannot be stopped or prevented from performing its legislative function. Any person or authority purporting to do so, would be acting in vain.” Honourable Senators"
}