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{
    "id": 417657,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/417657/?format=api",
    "text_counter": 239,
    "type": "speech",
    "speaker_name": "Hon. Ababu",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "believe that the very essence of the rule of law and organized society is anchored on respect for judicial orders. Let me also say that I am unequivocally a believer in devolution and I believe that all of us have to do everything within our powers to protect devolution. But at the same time, I know that you can use different terms to define or describe devolution. I know that the other name for devolution is not governor. The other name for devolution is not impunity. The other name for devolution is not opulent uncontrolled expenditure. Those are not synonyms of devolution. I know that devolution goes hand in hand with accountable, responsible and accessible services to the people. That is why we all went to great lengths to support devolution. Therefore, I was surprised to hear one of my honourable colleagues give the impression that if we are exercising or if the Senate is exercising oversight authority over governors, then it amounts to risking devolution or putting devolution at risk. Let it be known that in fact, the greatest risk to devolution today is the conduct of governors. That is the greatest risk to devolution. It is a risk in the sense that very soon, Kenyans are starting to doubt whether devolution was a good thing at all as governors start throwing around all sorts of incredible ludicrous taxes to the expense that chicken are taxed in the land of Omulembe, the dead are taxed in Kiambu and very soon even the air that we breath, could be subject to taxation. All these practices in the counties are making people wonder whether this is really the reason why we desired devolution so much. However, I just wanted to make one point with regard to the issues that have been canvassed here so eloquently. Let me start by reiterating and reminding us of the supremacy of the Constitution. Article 2 of the Constitution is very clear that:- “This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government”. What is under siege here; what is being assaulted here is not merely the two Houses of Parliament. What is under assault here is this Constitution of the Republic of Kenya. While I know those who love to sensationalize matters and especially the media may want to paint this as some kind of contest between Parliament and the Judiciary, that is not the case. What the Judiciary is doing is to assault the Constitution of the Republic of Kenya. The Constitution is very clear in terms of the authority of the Judiciary. When you look at Article 159, the Constitution vests authority in the Judiciary, it then also provides principles upon which the Judiciary must operate. Look at Article 159(2)(e) it states:"
}