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{
    "id": 476738,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/476738/?format=api",
    "text_counter": 459,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "Let me dare say that under Article 2 of the Constitution, even an order which is unconstitutional is null and void to the extent of its unconstitutionality or inconsistency with the Constitution. We know the Supreme Court made a decision; many are the decisions that even judges make and then turn around. I want to tell hon. Gikaria, in the history of legal jurisprudence, we have judges who have even contradicted their decisions having gone to other courts up there like Lord Denning and Lord Diplock; they did it graciously. That is why we have to review jurisdictions going before the same judge and you change them. What I was saying, not to be distracted, is that we should not be beholden to decisions which on the clear reading of the law are unconstitutional. In fact, then we undermine what we are dealing with. Let me leave that aside. The other reason as to why I object to the manner in which we are proceeding is that it entrenches the inequities and inequalities we have in the country. I come from Homa Bay County, the biggest hospital is Homa Bay District Hospital, which was built by Tom Mboya. I do not know how many years ago. Homa Bay County is a stretch of a distance you cannot unwind in a day. We do not have a Level 5 hospital there neither is it there in Migori County. The entire Luo Southern Nyanza has no Level 5 hospital. So, why should I be sitting here as a leader instead of proffering suggestions like the ones my colleagues are raising? How do we get referral hospitals per county so that you do not tell all of Southern Nyanza, the citizens of this country, they have to go to Kisii? In some counties, there are as many as two Level 5 hospitals. I would prefer a situation where our Committee on Budget and Appropriations, looked into the future and decided that we have at least one referral health institution in each county and we give them money directly to facilitate them. As to whether or not monies are being eaten by governors, it is the failure of our institutions which should be under- guarding the usage of those monies. It is not something which we should debate much about at this level. With those very few remarks, I oppose and urge my hon. colleagues not to sanction illegalities and unconstitutional actions, simply because you want to bend backwards. We may shackle ourselves in chains which we may not break from in future. Thank you, hon. Temporary Deputy Speaker."
}