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{
    "id": 1483331,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483331/?format=api",
    "text_counter": 93,
    "type": "speech",
    "speaker_name": "The Speaker (",
    "speaker_title": "",
    "speaker": null,
    "content": "constitutional democracy as well as accord the Executive sufficient latitude to implement legislative intent. Yet, as the respondents also concede, the courts have an interpretative role - including the last word - in determining the constitutionality of all governmental actions. The Supreme Court further made reference to its decision in Speaker of the Senate & Another vs Attorney General & Four others, Reference No.2 of 2013, and noted that the court had cautioned against undue interference with running processes in other arms of Government and had stated that- “This court will not question each and every procedural infraction that may occur in either of the Houses of Parliament. The Court cannot supervise the workings of Parliament. The institutional comity between the three Arms of government must not be endangered by the unwarranted intrusions into the workings of one Arm by another”. The Supreme Court aptly summarized the principles applicable to separation of powers in the Kenyan context as follows- (a) Each Arm of Government has an obligation to recognize the independence of other Arms of Government; (b) Each Arm of Government is under duty to refrain from directing another Arm on how to exercise its mandate; (c) The courts of law are the proper judge of compliance with the constitutional edict, for all public agencies, but in exercising their judgment, Courts should be objective; (d) For the due functioning of constitutional governance, the courts are to be guided by restraint, limiting themselves to intervention in requisite instances, upon appreciating the prevailing circumstances and the objective needs and public interests attending each case; and, (e) In the performance of the respective functions, every Arm of Government is subject to the law. In the end, the Supreme Court upheld County Speaker Justus Kariuki Mate’s appeal and nullified the conservatory orders that had been issued in the matter. In a recent Court of Appeal case, Civil Application No. E093 of 2023, Hon. Kawira Mwangaza"
}