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{
    "id": 1493650,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1493650/?format=api",
    "text_counter": 87,
    "type": "speech",
    "speaker_name": "Kilifi North, UDA",
    "speaker_title": "Hon. Owen Baya",
    "speaker": null,
    "content": " Thank you very much, Hon. Temporary Speaker, for giving me an opportunity to weigh in on what Hon. Junet has said about the ruling of the Supreme Court. It asserted the doctrine of separation of powers. It has simply demonstrated that Parliament has its work cut out for it and it should be allowed to do it. Equally, the Judiciary also has its work cut out for it and it should be allowed to do it. This is a landmark ruling as delivered by the Supreme Court. That ruling will allow this country and Government programmes to move forward. The Article on public participation became a waterloo in the Constitution itself. The implementation of laws could not move forward because it was always taken back by the issue of public participation. The High Court has continuously abused Article 165(3)((d)(i) of the Constitution which states that the High Court has jurisdiction on the interpretation of laws, including whether a law is inconsistent with the Constitution. That Article has been abused by the High Court such that they have become a supervisor of the Legislature, which is not the role of the courts in this country. The courts cannot be supervisors. They have been given the mandate under Article 165 of the Constitution to check and interpret the extent to which a law is inconsistent with the Constitution. The principle of separation of powers must be respected. Parliament must be given an opportunity to work. Parliament cannot be supervised by the High Court. However, the High Court has a role to ensure that what we pass here is consistent with the Constitution. They picked the issue of public participation and wanted every law to fall on its sword. I thank the ladies and gentlemen of the Supreme Court for asserting that Parliament should be given an opportunity to work. We also need to ensure that the courts conduct public participation on each ruling that they make to ensure that it is cross-cutting. I want to thank Hon. Junet for bringing up this matter. I also thank the courts and the Chief Justice for ensuring that public participation is not used to abuse Parliament’s authority. Thank you, Hon. Temporary Speaker."
}