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{
    "id": 1347453,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1347453/?format=api",
    "text_counter": 325,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "Constitution, as exercising delegated powers that have been given to us by the people we represent. One, two or three judges cannot make a decision to deny the millions of people we represent the right to enjoy that, which has been passed by their representatives. In the same way electoral petitions are considered, it is expected that within six months, matters elections are dispensed of because there need not be any grey areas on who is the actual representative of a certain group of people. We need to get to a point where we ask whether the courts can stop legislation that has been transacted rightfully in a House of Parliament and keep it in abeyance for two years as has been the case with the Tea Bill. There are more than 15 clauses in this Bill of 2020, that farmers cannot enjoy the rights today. However, a judge is just issuing one order after another to extend it without due consideration that there are millions of farmers that stand to benefit from all the work done by their representatives. I do not think that was the intention of our Constitution when it gave independence to our Judiciary. It was not for justice to abort, but to get closer to the people. If a judge knows very well that they cannot conclude on a matter of great public interest, the best thing to do is to write to the Chief Justice (CJ) and ask for a greater endowment, so that you can conclude. This is a matter of enormous public interest and it is wrong. The next time I run into CJ Madam Martha Koome, I will remind her that legislation that has been rightfully transacted in the Houses of Parliament cannot be injuncted for years, especially on such important matters, it is not right. That is not the constitutional design that Kenyans bequeathed themselves. Sen. Mungatana, MGH, is right to argue and say that we could be doing so much work as Parliament, but there are sharks that know how to run and oil the wheels the justice. They are waiting at the courts. Immediately the President assents to a Bill containing good provisions made to benefit our farmers, it ends up being suspended and stays that way for a year or more. We are in the third year since the Tea Act, 2020 was suspended. Farmers should be benefitting from many of the provisions in the Act. Is it not judicial blackmail? Yesterday, I gave the history. I stated that part of the reason we are carrying some of these amendments is because we have had to negotiate with some of the people. We tell them, ‘You have refused the 1.5 per cent levy that we proposed. What do you think will be fair?’ They say 0.25 per cent may be. We have to negotiate with those people because the Judiciary cannot make a decision on the matter. You are wondering what we are arguing about? The people elected their representatives who voted. This is a serious issue. The next time that the Judiciary gives an account to Parliament of how they are undertaking their processes and works, this matter needs to be addressed. We should make a decision on this."
}