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{
    "id": 180068,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/180068/?format=api",
    "text_counter": 222,
    "type": "speech",
    "speaker_name": "Mr. Wamalwa",
    "speaker_title": "",
    "speaker": {
        "id": 148,
        "legal_name": "Eugene Ludovic Wamalwa",
        "slug": "eugene-wamalwa"
    },
    "content": "Mr. Deputy Speaker, Sir, I also rise to support the very important issue raised by my learned friend, Mr. Olago. This country has since its inception, embraced the doctrine of separation of powers. It is the division of governmental authority into the three separate departments of the Government; the Legislature, the Judiciary and the Executive. Mr. Deputy Speaker, Sir, this House has been very careful in observing that principle. Indeed, in the course of the proceedings during this session, an issue came up about the National Social Security Fund (NSSF). The Chair gave directions that because the matter was pending in court, debate was not allowed. A matter came up relating to a third mobile phone operator in this country and it is in court. This House was very clear that because the matter was pending before court, debate was not allowed. Indeed, an hon. Member of this House asked the Chair to direct that in the meantime, the operative be injected. Mr. Deputy Speaker was very clear in his ruling. He said that it is not for this House to issue injunctions. That is the preserve of the High Court. So, the matter should go there. Mr. Deputy Speaker, Sir, for another arm of the Government to attempt to actually give orders to prohibit this House from executing its constitutional duty of legislating is a very serious issue that must be addressed seriously. A leading authority in jurisprudence, Mr. George Whitecross Patterson, in his book in Jurisprudence, sets out the constitutional basis of each arm of the Government. He says that it is the work of Parliament to legislate, the Executive to execute and the Judiciary to construe the law. The three arms must be separate."
}