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{
    "id": 459609,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/459609/?format=api",
    "text_counter": 158,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "Thank you, hon. Speaker. First, allow me to declare that I am a Member of the Committee. Therefore, I am bound to support the report since I am a Member of the Committee and given the fact that I did not record dissent at the time when the Committee dealt with this matter. I would like to, first, speak to the doctrine of separation of powers which was referred to when my Committee was presented with this particular petition. The doctrine of separation of powers as enshrined in constitutional principles, as passed by the very learned Montesquieu, says that the branches of government ought to be separate and distinct. They ought to be independent from each other but yet inter-dependent. I speak to the principle of inter-dependence of the branches of Government to help establish the fact that all the three branches of the Government need to have powers to check each other. That means that the Executive can then check the Legislature and the Legislature can check the Judiciary, and vice-versa. Hon. Speaker, constitutional principles lay out how the various branches of government check each other. The Legislature, for example, would veto presidential appointments. Once or twice, this House tried to do so. The President can also veto legislation passed by this august House. The Judiciary can also declare that laws passed in this House are unconstitutional and, therefore, look at various interpretations with a view to making them constitutional. The JSC is not the Judiciary. So, however much there would have been issues of the National Assembly wanting to interfere with the work of the Judiciary, the JSC is not the Judiciary. Even then, I have already explained that even the Judiciary can be checked by the National Assembly. Nothing stops us from doing so. The JSC is a Commission within the meaning of Article 248 of the Constitution, which is then a Commission that is subject to Parliament. The Constitution outlays very well that the sovereignty of the people belongs to the nationals of this country, and it is supposed to be exercised by the various organs of the Government. More so, Article 95(4) of the Constitution speaks to the fact that the branch of the Government that exercises sovereignty, on behalf of the people, is the National Assembly. We received the petition for the removal of the members of the JSC, which is in line with Article 251 of the Constitution. If you read Standing Order No.220, moving forward, on how to deal with petitions, as well as Article 251, you will appreciate that ours is not to find out whether the Commissioners are guilty or not guilty. Ours is to find out if at all the petition that is before us sets our grounds for possible removal of the JSC from office. The work of the removal of members of the JSC belongs to someone else – the President is supposed to appoint a tribunal to investigate the allegations. Hon. Speaker, we shall, therefore, not be interfering with the work of the President. What were supposed to happen before us were basic considerations. It would 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."
}