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{
    "id": 1589568,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1589568/?format=api",
    "text_counter": 104,
    "type": "speech",
    "speaker_name": "Mr. Elisha Ongoya",
    "speaker_title": "",
    "speaker": null,
    "content": "ruling of the then Speaker of the National Assembly, Hon. Kenneth Otiato Marende. He says, and I quote- “Hon. Members, between the time when Mr. Imanyara first raised the matter and now, I have had the benefit of considering a range of material addressing the various aspects of the matter. Specifically, I have benefited from, among others, the position taken by the Judicial Service Commission, the Commission on Implementation of the Constitution and the Law Society of Kenya. I have also carefully read and considered the ruling of the High Court relating to the matter of nominations, which was delivered on 3rd February 2011.” I had the rare privilege of participating in that court proceeding. The first three of these bodies are constitutional or statutory and their views on matters of law, though not binding to this House, are of significant persuasive value. As for the ruling of the High Court, despite my restatement of the constitutional relationship between the legislature and the judiciary; I have repeatedly emphasized that while subsisting judicial decisions cannot restrain the legislature - that is important to us because I am addressing this issue - from the discharge of its functions, are of binding persuasive value and should not restrain the legislature from the discharge of its functions and are of binding effect and may have a bearing on the products emanating from this House. The learned Hon. Justice Musinga in his ruling in the above case found that the nomination of the Chief Justice was unconstitutional, for it was not in accordance with Article 166 of the Constitution. I will then proceed to page 169 of that Volume in the interest of time, the third paragraph starting with “honorable Members”. “Although I have read that this court decision does not stop the National Assembly from proceeding with its work and cannot determine for the House how to proceed; it must be noted, as matters currently stand, that any decision made by this House on the nomination, though perfectly procedural from the point of view of the legislature, outside the legislature, it is to the extent that it does not accord with the ruling of the court, null and void for all purposes.” That is the guidance that Hon. Marende makes. Mr. Speaker, Sir, allow me to come to the specific ruling that we wish to draw this Senate's attention to. I refer you to Volume No.4."
}