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{
    "id": 417571,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/417571/?format=api",
    "text_counter": 153,
    "type": "speech",
    "speaker_name": "Hon. Aluoch",
    "speaker_title": "",
    "speaker": {
        "id": 5,
        "legal_name": "John Olago Aluoch",
        "slug": "john-aluoch"
    },
    "content": "That law is as valid now as it was then. No action by Parliament can be questioned in any court. Our Constitution, Chapter Eight creates the Legislature and Article 94(1) and (2) are very clear in their provisions. The legislative authority of the republic is derived from the people and at the national level, it is vested in and exercised by Parliament. That is a role that cannot be taken away from Parliament. That is a role that is not replicated in the statute and in the Constitution that creates the Judiciary. This is special to Parliament and no other. Judiciary is created under Chapter Ten of the Constitution, but the terms of the creation of the Judiciary under Chapter Ten are not the same as under Chapter Eight. Under those circumstances, I would expect that the Senate must have the teeth to bite and say: “No, we have the role to interrogate governors and to look at what goes on in our counties”. That is their role and which nobody can take from them. Indeed, I agree with the Leader of Majority Party that if the Senate agrees that it cannot perform that role, then they have no business being called the Senate. Hon. Speaker, in view of this consistent trend by the members of the Judiciary, whom I have a lot of respect for and many of whom I know as fairly brilliant lawyers, why are they behaving like this? We must wake up now. I urge you when you give direction on this issue to have regard to what your predecessor said referring to that Motion in the last Parliament when he said:- “Hon. Members, this House retains the right to be the sole judge of the lawfulness of its own proceedings. Accordingly, Parliament cannot be stopped or prevented from performing its legislative function. Any person or authority purporting to do so would be acting in vain. The Speaker of the National Assembly is under a duty to protect the constitutional authority and role of Parliament and as your Speaker, I will diligently perform this role and jealously guard the constitutional authority of Parliament”."
}