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{
    "id": 496812,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/496812/?format=api",
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    "content": "Memorandum and the House proceeds clearly as provided for in Article 115, to either override the veto or pass it as it is. It is never compulsory that what is referred back to the House must be passed in that form. We also appreciate - and it is in that same ruling by my predecessor - that other institutions like the Judiciary must wait for this House to do what it must do in the way it will do. Thereafter, any Kenyan who is aggrieved by a decision made by this House is at liberty to seek redress in our courts of law. When we are seized of a matter, it must remain within our ambit. Similarly, we faithfully observe this. In our own Standing Order No. 89, we observe the rule of sub judice; that when a court of law is seized of a matter, we avoid as a House from debating or discussing it, simply because we respect the principle of separation of powers. We allow the courts to do what they must do. If the courts find a particular law that is passed by this House to be unconstitutional in whatever way, they are at liberty to express themselves. But even then, they do not direct the house on what to do. They merely express themselves and say that this particular provision of this law is unconstitutional to the extent that they may feel it is. That is the essence of that ruling by hon. Marende, when he said that nobody should speak to Parliament in a compulsive manner. That is because we are the House that represents the will of the people. This is a principle which is followed the world over in many civilised jurisdictions. We will not discuss what is before the courts. Similarly, we expect the courts to respect what is happening within the House. That is the best we can do. If any unconstitutional law has been passed, it is for the courts to declare so. Other Kenyans are at liberty to express opinions, but those are mere opinions. It is the court which will declare. We should just let the matter rest at that; that yes, there is a lot of freedom in this country. Therefore, people are at liberty to express themselves. But those opinions must only remain opinions. They are not the findings of courts of law. When courts of law make findings regarding any laws that we have passed then, hon. Members, it is you again who will decide what to do; whether you will propose amendments to comply or to reflect the findings of the courts or not. Again, that is not the work of the Speaker. Article 122 of the Constitution is very clear that the Speaker has no vote and the Speaker will not attempt to even exercise any right in the making of law, save to direct as guided by the Constitution and our own Standing Orders. Hon. Members, that is sufficient as we take the short recess, if we do. The Leader of Majority Party indicated that members want to go and organise themselves. What I have been made to understand in the House Business Committee is that members would want to go and attend to matters of the constituencies, especially regarding the Constituency Development Fund (CDF)."
}