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{
    "id": 459712,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/459712/?format=api",
    "text_counter": 261,
    "type": "speech",
    "speaker_name": "Hon. Sakaja",
    "speaker_title": "",
    "speaker": {
        "id": 13131,
        "legal_name": "Johnson Arthur Sakaja",
        "slug": "johnson-arthur-sakaja"
    },
    "content": "Thank you very much, hon. Speaker. I want to start by quoting one Thomas Penn, who stated: “A body of men holding themselves accountable to nobody should be trusted by nobody.” Hon. Speaker, I am not an Advocate of the High Court like hon. Kaluma and the rest but I am a good student of law. I understand that the doctrine of separation of powers, for a long time, has been misconstrued and misused. It has become a veil for institutions whenever they want to go against the Constitution. Again, I quote Albert Venn Dicey, writing in 1915. These problems have been there for a long time. He states that the doctrine of separation of powers is the off-spring of double misconception because time and time again, when you find an institution such as the Judiciary or the Legislature or the Executive going against clear provisions of the Constitution, they claim interference by another institution or they claim that the other institution must follow the doctrine of separation of powers. Hon. Speaker, you have very articulately said what most of us wanted to say. You have very articulately broken it down. When the Judiciary was summoned, during the Budget-making process to come and explain why they needed certain appropriations, they were very quick to come. Even when they wanted money for purchase of an aircraft, they were very quick to come. However, when the same Committee sought their appearance with regard to a matter of administrative nature, touching on allegations of financial impropriety, they suddenly became independent. It is very clear that this House cannot decide to say: “Yesterday somebody was caught stealing chicken and this was your judgment. We want you to reverse it.” Hon. Speaker, it is clear that we draw our line on the operation of the law, or judicial independence and that must remain sacrosanct in this country. However, when it comes to oversight, this House must play its role. I want to thank hon. Neto who put it very clearly that the JSC is not the Judiciary. In fact, the only difference between the JSC and the TSC is the alphabets “J” and “T”. Otherwise they are all commissions and they are created in the same manner in the Constitution. They must also be treated in the same manner. Parliament has to play the oversight role. The Executive has its role to play. Even the President can be impeached by this House. So, you ask yourself: Who does the JSC then report to? Who oversees them? Do they only report to God? If this House cannot oversee them on matters that we have appropriated to them--- Hon. Members, I think yesterday you set the tone. The tone was set yesterday very clearly. Let us act and consider matters for posterity; let us not consider any other factors be it ethnic or personal relationships. This is because we must legislate and act in the interests of this country. Hon. Speaker, for separation of powers to work we need a serious interdependence of institutions. Even as Members of the Legislature, when the Executive is implementing policies we are subservient to it; we abide by what it does. When we are called to court, we go there. So, that is not a place to hide. I also want to make it very clear; Members like hon. Chris Wamalwa, who is my neighbour in Trans Nzoia, and who--- I do not know if he is a lawyer, but I would like to ask him to make it his habit to read the Constitution time and time again."
}