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{
    "id": 1483329,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483329/?format=api",
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    "type": "speech",
    "speaker_name": "The Speaker (",
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    "content": "county assembly, should not be allowed will depend on the outcome of the first two cases. In respect of the first issue, which is whether, in light of the court order, the Senate is able to proceed with the hearing of the proposed removal from office, by impeachment, of the Governor of Kericho County, the Senate has been faced with similar circumstances in the past. On each occasion, the Senate has had to carefully consider two competing constitutional imperatives that arise. On the one hand, Article two of the Constitution provides for the supremacy of the Constitution and for the obligation of all persons and all State organs to abide by the Constitution. On the other hand, Article one of the Constitution provides that all sovereign power belongs to the people. This sovereign power is delegated to the various state organs at both national and county levels of government. In accordance with the doctrine of separation of powers, each of these organs is required to perform their functions in accordance with the Constitution while observing the principles of comity and respect for jurisdiction as between state organs. In the words of the former Speaker of the National Assembly, the Hon. Kenneth Marende, while delivering a Communication in the National Assembly on the 3rd September, 2009, he had this to say and I quote- “Power thus divided presents the absolutism of the Executive, the possible anarchy of Parliament on the presumption of the Judiciary. The operation of the principle of separation of powers both separates and blends powers so that each branch serves as a check and balance on the powers of the other. It ensures the protection of the rule of law and secures the fundamental rights of the individual. The principle of separation of powers has a superficial simplicity, but is in reality, inherently complex.” In a Communication delivered on 23rd October, 2019, the then Deputy Speaker of the Senate, Sen. (Prof.) Kithure Kindiki had occasion to consider this matter. The matter arose in the context of the proposed removal from office, by impeachment, of the then Governor of Taita Taveta County. The Senator for Taita Taveta County, Sen. Johnes Mwaruma, rose on a point of order and sought the directions of the Deputy Speaker on whether it was in order for the Senate to continue deliberating on the Motion and taking further action while there were active court proceedings in the matter. In the course of the Communication, the Deputy Speaker explained why an injunction of Parliament was untenable. The Deputy Speaker stated that- “(a) Firstly, an injunction by the court against Parliament is a frontal and deadly attack on the substratum and hallowed legal doctrine of separation of powers, the bedrock of our Constitution. Separation of powers creates separate and distinct arms of Government with equal but different powers. Each Arm must exercise its powers in a fine balancing act to ensure that it carries out its functions without infringing on the powers of other branches of government; (b) Secondly, curtailing Parliament’s constitutional responsibilities undermines the sui generis nature of Parliament. Members of Parliament are direct The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}