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{
    "id": 417601,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/417601/?format=api",
    "text_counter": 183,
    "type": "speech",
    "speaker_name": "Hon. Baiya",
    "speaker_title": "",
    "speaker": {
        "id": 8,
        "legal_name": "Peter Njoroge Baiya",
        "slug": "peter-baiya"
    },
    "content": "Thank you, hon. Speaker, for giving me an opportunity to make a contribution. I would also wish to thank the Leader of Majority Party for raising this matter which is a sensitive one given the interest the Members have shown. However, with respect to my learned colleague, this matter did not arise within the conduct of business within this House. So, we may raise it, but I am not sure that it is available for you to make a ruling on now that it is a matter that did not arise from this House, or the Senate. Nevertheless, the recent trend that we have witnessed about the Judiciary does, indeed, raise challenges about the process of implementing the new Constitution. This really does indicate the need, as has been foreseen all along, for the Government and the State organs to actually have a forum where they can really be communicating. As far as we are concerned, it is clearly the role of the Senate to protect devolution in this country. It is the mandate of the Senate to protect devolution in this country. If for any reason the Senate feels that the conduct of some senior State officials is posing a threat to devolution then it is clearly within their mandate to summon such officers and even pose such questions as they may really wish to those officials. In this particular case, it is so obvious. A report was presented to the Senate from the Controller of Budget raising issues about challenges in the process of implementing the Constitution. The Controller of Budget was complaining to the Senate that the governors or those State officials, in whose capacity it is to respond to this question, cannot actually respond when asked by the Controller of Budget. If the High Court comes in and stops that process then it is laying a deep seated question: What is the contribution and the intent of the Judiciary in helping this country realize devolution? Hon. Speaker, if you look at the Constitution, it actually grants powers to the High Court, especially in Article 165(3)(b) and (d). That is the provision that grants the High Court power to exercise constitutional interpretation in any controversy. The same Article at section (4) requires that the High Court, in exercising such power, will have to have at least an even number of judges sitting. That is a precaution to ensure that decisions are not made more or less un-procedurally but through a process where the court can actually give a very considered and cautious decision. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}