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{
    "id": 355405,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/355405/?format=api",
    "text_counter": 42,
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    "content": "Hon. Speaker, Sir, Article 94 of the Constitution clearly spells out the role of a legislator, and this is not something that is going to be subordinate to anything else. In the next few minutes, just as hon. Duale has said, I will be tabling, on behalf of the Parliamentary Service Commission (PSC), the Estimates of one of the three arms of Government. If this is through, then all Sarah Serems and other groups will be treated as being part of the Executive Budget making groups. The Constitution clearly recognises the Executive, the Legislature and the Judiciary. This independence is one of the things that the freedom fighters fought for. The freedom fighters seriously fought for the separation of these three institutional roles. Hon. Speaker, Sir, for those who have done law - I am not one of them, but, at least I am trying to do something, so that I am updated - but one of the sources of law - I appreciate that you are one of the renowned lawyers - is the Constitution. A second one, is an Act of Parliament. Three, is delegated legislation. Where on earth, even in rogue democracies, does an entity use delegated legislation to repeal the provisions of an Act of Parliament? If that is the case, what is the role of this institution called Parliament? I want the hon. Members to jog their minds. When the last Parliament adjourned sine die on 14th January this year, one of the things that the Independent Electoral and Boundaries Commission (IEBC) did was to declare vacancies in 290 constituencies and in 47 counties; those who applied for those positions, whether they were 20,000 or 30,000--- These great men and women are the ones who succeeded through the elections. Who is this other entity criminalising the existence of these noble men and women? This is what Sarah Serem has done. The argument is not about the salaries. The argument is about the constitutionality of that purported gazette notice of 1st March, just on the eve of the elections and on 8th March. Hon. Speaker, Sir, where on earth does an entity--- The Budget making process is not like before where Parliament was just a passenger in the Budget making process. Parliament right now is part and parcel of the Mid-Term Expenditure Review Framework. We must participate in the Budget making and how it is executed. It is as a result of the Constitution that today the Budget making process is formulated and designed by the Executive but executed by this Parliament. Which organisation has a bigger supervisory role than the institution called Parliament. They now say you must not meet more than three or four times in a week? Then what will be the role of Parliament? Parliament is about oversight as far the Constitution is concerned; an entity which is a creation of this Parliament wants also to oversee Parliament. This is illegal and this Parliament must stand firm. We should uphold the Constitution because Article 1 of the Constitution--- I want all of to appreciate what Mr. Atwoli said. Mr. Atwoli did not say you increase the salaries of Members of Parliament. He said under our law and regulations, courtesy of the new Constitution, all international agreements and conventions form part of the Constitution; therefore, what Atwoli was saying was that simply you cannot take away what an individual is entitled to when this individual is actually employed; that is sheer logic. He did not ask for an increase of the salaries of Members of Parliament. Hon. Speaker, Sir, Article 1 of the Constitution clearly talks about sovereignty. Sovereignty is what constitutes the existence of the Republic of Kenya. Sovereignty is enshrined in Article 1 and sovereignty is represented by these great men and women."
}