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    "id": 490788,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/490788/?format=api",
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    "content": "entertain a suit against any Senator for sitting here to legislate. You cannot do that. That is why we are thinking that something is tragically wrong somewhere; that there is, probably, some disconnect somewhere that needs to be reconnected. The Judiciary is independent. That independence is interpreted to mean that you are independent to the extent that nobody will come and tell you to decide a case either way. However, you are not independent because you are not part of the country or you are not part of the body fabric of the nation. At this rate, I will not be surprised for the courts to injunct the President for going to attend the United Nations (UN) meetings or going to address the African Union (AU). At this rate, we may be injuncted from visiting our counties; we may be injuncted from even entering the precincts of Parliament. It is not looking good at all. Mr. Speaker, Sir, the new Constitution is so good that it even unfetters judges from being tied to the strict letter and spirit in the conservative sense of the law and gives them an opportunity for alternative dispute resolution mechanisms. This can even make the judge, upon seeing a misguided suit like suing the entire membership of the Senate, including the Speaker, to say “wait a minute; can you guys go out there and talk?” Where is the disconnection? That is what the Constitution provides for. Where have we lost our direction? This is not going to augur well for this country because if in every direction against the laid down principles of law and precedent practice, we are simply trying to truncate, frustrate, castrate and do everything against the flow of the grain of society, then we are going to have very serious difficulties. Just as this Senate cannot sit and direct any judge on how to discharge their judicial functions, equally the Judiciary has no capacity to direct this Senate on how to discharge our legislative functions. That is the balance of convenience and balance of issues in a democracy. I respect you; you respect me; when I do wrong and somebody comes to complain, you arbitrate. Mr. Speaker, Sir, I want to urge you as our Speaker to exercise your capacity and ability to look at the alternative dispute resolution and reach out to the Chief Justice. He is the head of the Judiciary. Even as he cannot tell a judge what to decide, he has a duty to tell judges what not to do when things are looking like they are looking. For example, the case of Martin Wambora has turned this Senate into a laughing stock; literally, a circus. A governor is impeached and not on any frivolous issues, but he walks into court, obtains an injunction and now he is an injunction Governor. He is not a Governor exercising the mandate of the people of Embu anymore. He is a Governor exercising the mandate of the Judiciary. This is not good."
}