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"id": 1359876,
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"type": "speech",
"speaker_name": "Suba South, ODM",
"speaker_title": "Hon. Caroli Omondi",
"speaker": null,
"content": " Thank you very much, Hon. Temporary Chairman. I am quite reluctant to go that way because I foresee a situation where bureaucrats would probably enact, propose or publish subsidiary legislation that they clearly know are unconstitutional, but for which they know they have been given advance immunity. In my opinion, we need to be very careful if we have to go the route the Chairperson is proposing. Acts that are illegal and that are premised on illegalities cannot then be washed and cleaned by saying they were implemented while the law had not been clearly declared to be illegal. I think that would be a very dangerous precedent. If the subsidiary legislation is declared null and void, then all Executive activities undertaken on the basis of the illegal Acts are themselves illegal and the matter should end there. We cannot give advance immunity and then expect that we will come back and just walk away from it. I strongly oppose this."
}