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"speaker_name": "Mr. Orengo",
"speaker_title": "The Minister for Lands",
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"content": " Mr. Temporary Deputy Speaker, Sir, in the same vein as hon. Shebesh has elaborated why we want to prevail upon the Member for Gwasi to, at least, surrender or agree to what we are saying in respect of this matter, the general position normally in law is that if you want a strict interpretation of the law, the law must be clear in ordinary language. This will ensure that you do not have to import a meaning to it. What hon. Mbadi has tried is to give us a tortured interpretation of the Constitution and not an interpretation based on the very ordinary meanings of the words that are used by the Constitution. The good thing about this Constitution, Mr. Mbadi, which is exceptional if you look at our previous Constitution, is that it tells you how to interpret it. If you look at Article 259, it states that ‘This Constitution shall be interpreted in a manner that promotes its purposes, values and principles”. I pose to emphasize the word “shall”. In Constitutional law it is looking for a purposive interpretation, so that the first point you take is not the strict interpretation that you are trying to make but it should be a purposive interpretation in a manner that would enhance its values and principles. Then Article 259(1)(b) contributes to good governance. This Constitution has recognized the county system of governance as an important and fundamental framework and structure of our constitutional dispensation. So, if you really believe in this Constitution, you should support a Motion like this that seeks to advance good governance. I think we will be at odds if we do not support a Motion that seeks Parliament to implement what it must implement in regard to the Constitution."
}