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{
    "id": 417729,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/417729/?format=api",
    "text_counter": 311,
    "type": "speech",
    "speaker_name": "Hon. M’Muthari",
    "speaker_title": "",
    "speaker": {
        "id": 1576,
        "legal_name": "Joseph M'eruaki M'uthari",
        "slug": "joseph-meruaki-muthari"
    },
    "content": "Thank you, hon. Speaker. What is in front of us is very important for this country because as a country, we have reached a level where we are almost getting to a state of anarchy. When we reach a point where the levels of the Government are not respecting each other, it is really an abuse of the principle of separation of powers. Looking at the Constitution, as highlighted by many hon. Members, the mandates of each of the arms of the Government are very clear. Our mandate is very clear. So, as we discuss whatever we are discussing here, we are in defence of the Constitution as we appended our signatures to defend it. When the Judiciary purports to deny the Legislature its role of offering oversight, it becomes very serious. As it has also been highlighted, this is also the time for us, as the National Assembly, to reflect on the Constitution because it was made when Kenyans were very tired. They were fatigued and it was directed mostly by the activists. So, there is a lot of activism in the Constitution. To a large extent, this is what has brought the problem. Even some of the members of the Judiciary have been activists. So, they are also exercising their activism in the way they give orders. This is very dangerous for this country because we are about to reach a level where people will not respect the rule of law or reduce the rule of law to court orders. When Kenyans disobey such court orders in the process, the majority of Kenyans may not know what is right and what is wrong. Hon. Speaker, when wrong court orders are given and are defied, it may appear as if Parliament – both the Senate and the National Assembly – are disobeying. So, majority of the people may say that there is disobedience but it is this kind of activism that is fuelling this kind of discontent. This is really a big problem. As I said, if you look at the Constitution right from Article 1, which is on sovereignty, it is very clear. That is what we are exercising. If you look at Article 2 of the Constitution, it is very clear as far as the mandates are concerned and who should exercise the law. Under Sub-article 4 of Article 2 of the Constitution, it is clear that nobody should go against the Constitution. The Judiciary is going against the Constitution by giving inappropriate court orders. That is why their orders cannot be respected. As I said, when court orders are not respected, there is the risk of the citizens feeling as if we are disobeying the court orders. Article 3 is on the defence of the Constitution. When the Judiciary gives orders that contravene the Constitution, they are courting anarchy in the Republic. That is bad for us as a country. Hon. Speaker, there are other relevant provisions of the Constitution that have been highlighted by hon. Members. If you look at the role of Parliament, under Articles 94, 95 and 96, it is very clear who can summon who and why people should respect the summonses. We are now in a situation where some people imagine that we are 48 governments. It is because of that fallacy that we have the problem that we have today. The county chiefs think that they are no longer subject to questioning by anybody. They 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."
}