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    "id": 427480,
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    "content": "the allocation of resources for those functions that have been transferred. When that time comes, when we are discussing the Division of Revenue Bill, then we must be able to match the functions that we have devolved with the resources that are going to be put in the counties. Mr. Speaker, Sir, lastly, we cannot be oblivious of the happenings in the country at the moment. Even as we debate here, the courts yesterday and the day before made very important decisions that have profound impact in terms of governance and matters of devolution. As a lawyer and this House, we have always emphasized that we respect the rule of law and the fact that the court yesterday, during the judgement of the case of the Governor for Embu, made very important statements. One was that all Governors are required to appear before the Senate. That is very important because this has been debated all the time and it is black and white in the Constitution. That emphasis was very important; that the court addressed itself to that fact. But I want to say – because we are now allowed to discuss judgements that are in public domain – that there is a growing unhealthy trend of judicial activism in the country, which is not intended, like in other nations, to address matters of accountability or public interest. I have no problem with judicial activism if that activism is in the public interest. Mr. Speaker, Sir, in India, judicial activists have been used so well to address environmental problems. In other countries, it has been used so well to address matters of corruption and holding countries and governments accountable. It is unfortunate that our courts, instead of using judicial activism to promote accountability and good governance in our counties, have constricted that space and focused on technicalities of whether or not there was a court order, and forgot the substance; that there were allegations of corruption which were proved on matters of governance. I think that it is important that as we move together with the Judiciary, we bring back our courts to believe that it is important to use the institution of the Judiciary to further good governance and not constrict the space of good governance. That is the message. What is the point of sending one back to a situation of political quagmire or democratic anarchy? If you know that two-thirds of the Members of the County Assembly made a certain decision against a Governor, you do not just throw that person to that same den of lions because when he goes there, nothing will pass because he needs that County Assembly. The relationship is sour and I think the courts should have even talked about arbitration. They should have even asked the Senate to intervene in a particular way. But just to imagine that they are oblivious of the realities of governance in the Embu County, I think that was really unfortunate and it is setting the county to lack of progress and making people think that devolution cannot work. Mr. Speaker, Sir, the second last thing I want to say about that is that, when the courts order that the Speaker of the County Assembly of Embu and the Clerk should be committed for contempt, what indeed were they saying? We believe in this House that you cannot injunct Parliament and the County Assembly when they are performing their functions. So, when you say that the Clerk and the Speaker of the County Assembly The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}