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"content": "Mr. Speaker, Sir, these are extremely important principles of governance laid in the Constitution. It is then the responsibility of the Senate to come up with laws on how this will be applied in governance. Mr. Speaker, Sir, when the Senate decided to amend the County Governments Act to establish County Development Committees, the Senate was acting in pursuit of Article 96(1) and (2) read together. Nobody in Christendom or any other set of beliefs can read these Articles any differently, including the Judiciary in the Republic of Kenya. So, for anybody to go before a court of law and ask for an injunction before a judge to stop the Senate from applying a law that Parliament has passed in line with Articles 96 (1) and (2), it does not need a judge to take a week to make a decision on the matter before him or her. Therefore, it can only be due to judicial filibuster that any judge can decide a case before him, that he hears the case, adjourns, has another hearing, asks for an ex parte hearing until kingdom come to make a decision. Mr. Speaker, Sir, secondly, I do understand that within the Judiciary, there is something called Constitutional Courts. The Chief Justice had been lauded by my friend, Sen. Murungi, for having been very crucial and very key in the democratic growth of this country. Indeed, he deserves the position he is in because he did, in fact, write a book on constitution making which is a highly respected book. Having said so, the Chief Justice knows that matters that came before him over the County Development Boards is a constitutional issue and should be heard expeditiously by a constitutional court. He should not allow any Tom, Dick and Harry in the Judiciary calling himself a judge to issue an injunction if he does not understand the Constitution and the urgency of making laws so that there can be good governance of this country. Mr. Speaker, Sir, if you read the amendment to the County Governments Act which was extensively discussed and mediated by the two Houses of Parliament under the Chairmanship of none other than the Attorney-General Emeritus, and finally brought to the House under your Chairmanship, and passed and approved and signed into law by His Excellency the President---. Quite honestly, the Judiciary must be very arrogant that an important law like that which has followed the normal process of law making and has respected the Constitution, that then they should sit on a decision to implement this law for weeks, months and months and, therefore, mess up the accountability system in this country, especially when it comes to devolution which is an important plank of governance in this country and of the Constitution. Mr. Speaker, Sir, the havoc and chaos that the act of the Judiciary has meted to this country can be seen in recent press reports. It is a shame that the Judiciary cannot understand and appreciate public concern. All arms of Government are there to serve the public because the people, under Article 1 of the Constitution, are sovereign. Mr. Speaker, Sir, this should serve as a warning to the Judiciary because people are seeing the emergence of a second stage corruption in the Judiciary after attempts have been made to clean it. A new generation of corrupt judges has come up receiving kickbacks from Governors and so on to make horrible decisions in this Republic. We must say this. We know what is going on behind the scenes. The longer you delay a case, 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."
}