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"id": 494272,
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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
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"legal_name": "Aden Bare Duale",
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"content": "guidance. I am sure the only people whom you consult are not even the leadership of the House but, maybe, the technical team in your Office. So, what was said at the Cheche Television Programme, the Press Conference, political rallies and funerals was said within the context of the democratic space given to those who were saying it. Those are the fruits of the new Constitution. But I am sure, and my colleagues will agree with me, that you have at all times, stood to defend the independence and the integrity of the National Assembly. You do not need anybody to remind you through a communication from another person. Let me come back to the Executive. The Executive, on a daily or weekly basis, has serious interactions with Parliament. We table documents from the Executive. We table documents from the Judiciary. We pass the budget, as a House, of the Executive. We pass the budget of the Judiciary. More so, we participate in the Division of Revenue Bill that allocates resources to county governments. So, the National Assembly of the Republic of Kenya cannot and will not - under your leadership or under our leadership - portray to work in isolation. We are not an island and as Articles 93, 94, 95 and 96 of the Constitution stipulate, the functions and mandate of the National Assembly - unlike the Senate, is to represent the people of Kenya. It is not only the President, not only the Executive, not only the Judiciary, but individual members and citizens of our nation. They bring Petitions in which you allow hon. Members to read on their behalf. At times, even individual citizens send Petitions to you and you read them on their behalf. The National Assembly must live with the fact that whether it is divergent, whether it is an opinion, whether it is an issue from whichever quarter in our country, that must come through you or through the House and we must debate it. Hon. Speaker, I agree with hon. Midiwo that the courts or the Judiciary as a third arm of the Government should not be used as a threat to other arms of Government. That Mr. Charles Nyachae can wake up and say: “This is my position! If you do not agree with my position, I will go to court!” That is not the essence, the spirit and the letter of the creation of the Judiciary. The Judiciary, in my opinion, must function within their space as provided for in the Constitution. I have, many times, individually and in social places, talked to judges and even to the head of the Judiciary. Once we pass a law and it is assented to, somebody can go to court and the whole of that law can be said to be unconstitutional. But nobody can stop the process of Parliament."
}