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{
    "id": 417684,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/417684/?format=api",
    "text_counter": 266,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "even issue injunctions, whereas it was apparent that irreparable damage would have been done. The third point at which courts issue injunctions is whenever there is irreparable hurt that cannot be cured by damages or pecuniary compensation. So, in all these instances where the courts have purported to issue injunctions, I think they are moments when the principles of law did not anticipate that injunctions shall issue. So, yes, it is true that it is pointless to have a Constitution without the principles of constitutionalism. We must be people who believe and appreciate the Constitution. We can, therefore, not quote purposes of the Constitution in terms of judicial independence to, therefore, give writs or issue injunctions that in effect amount to what hon. Ababu called “illegal conservatory orders”. Whereas, as the people of Kenya and the National Assembly we would like to respect the principle of the rule of law and the various checks and balances of the various arms of the Executive, I think it is out of order and the courts will be acting ultra vires to purport to issue injunctions before an act is done. In this matter, in my opinion, they ought to give reviews or give orders that will then be exercising legitimization of various rights. There is no right of the governors that has been threatened, and there is nothing that can be done to the governors that the courts cannot repair. I think they should have let the Senate proceed, however much I contend that, perhaps, the Senate might not have so much authority under Article 96. To purport to stop the Senate from doing its work, I think the courts are out of order. This is because, one, that is not what the spirit of checks and balances anticipates and two, that is not the point at which to issue conservatory orders and injunctions. Hon. Speaker, I hope those things will help you make your ruling. I support the Leader of Majority Party."
}