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{
    "id": 404186,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/404186/?format=api",
    "text_counter": 30,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Mr. Speaker, Sir, thank you. I also thank Sen. Abdirahman. Before I congratulate you on that communication, I really want to congratulate your humility. Having the head of an important organ, a separate distinct and an independent organ of the Government appearing before another organ which is separate and distinct, being the judiciary, and sitting there throughout the proceedings without uttering a word but hoping that justice will be done in the circumstances, I think was a demonstration of the humility with which you hold the office. I will always remember that because I know a lot of people who take matters to court or submit issues before the arms of Government but they will never have the humility that you showed when these proceedings were before the Supreme Court. Secondly, I thank you for this communication but more importantly, Chapter 8 which deals with the legislature has a Part IV which deals with the procedures for enacting legislation. These are very important provisions for you and for both Chambers of Parliament. If any Chamber of Parliament does not respect Part IV of Chapter 8 of the Constitution, then every law that is being made is being rendered null and void. I am saying this knowing very well that during the proceedings in the Supreme Court, the Executive was represented by the hon. Attorney-General as amicus curiae although he did not have the humility that you have of staying throughout the proceedings. He was there only when he was required to speak but not when he was required to listen. It is my hope that instead of this burden being left to you to consult with your brother in the National Assembly, the hon. Attorney-General of the Republic of Kenya, in performance of his functions as spelt out in the Constitution, must make it very clear because if he does not exercise that function under the Constitution, then I do not know why he is the Attorney-General. He should not be seen to be defending any one arm of Government or any one organ of Government. You are equally entitled to advice from the Attorney-General as is the National Assembly, the Executive and the Judiciary. It is not lost on us that in fact the Attorney-General sits in the Judicial Service Commission (JSC) which is a very important organ in the judiciary. Therefore, I hope that at some point, particularly the leadership of the House; the Majority Leader and the Minority Leader should take steps to talk to the Attorney- General and advise him of the decision of the Supreme Court. It was not a decision which was being made for purposes of cosmetics. That decision is very clear because it spells out a condition precedent that before any Bill is considered by either House, it must be referred to both Speakers. So, by the time the Bill is being read for the First Time without consulting you, there is already a violation of Part IV of the Constitution. If the Attorney- General does not so advise either Speakers or Houses of Parliament, then even him, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}