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{
    "id": 497623,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497623/?format=api",
    "text_counter": 19,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "7. Sen. Mutula Kilonzo Jr. 8. Sen. Stephen Sang’ 9. Sen. (Dr.) Boni Khalwale 10. Sen. Hassan Omar 11. Sen. Judith Sijeny 12. Sen. Kipchumba Murkomen 13. Sen. James Orengo 14. Sen. Beatrice Elachi 15. Sen. (Dr.) Agnes Zani 16. Sen. Ekwee Ethuro; Speaker of the Senate ( Ex –officio ) Mr. Deputy Speaker, Sir, it is now common knowledge that the Senate has been sued at every particular opportunity, except in the Division of Revenue and County Revenue Allocation Bills. We have waited to say that courts cannot injunct the mandate of the Senate under the Constitution. It has become apparent that we must re-invent the wheel in respect of the role of courts vis-à-vis that of the Senate. It is common knowledge in the Commonwealth House of Commons that courts cannot injunct the mandate of the Senate or any parliament, but it surprises us that the courts have proceeded, not once, not twice or thrice, to injunct this Senate from exercising its constitutional mandate. Sometimes I sit and wonder whether one day we will be injuncted from sitting. I wonder sometimes whether one day we will be injuncted or the Speaker of this Senate will be injuncted from sitting because somebody somewhere out there does not like the Speaker of the Senate. Mr. Deputy Speaker, Sir, the question that arises is that; although we have an elaborate legal support staff that are assisting the Senate, it is has now come to pass that that Committee or that support staff needs the expertise and experience that comes with the 16 Senators on this list. I say so, because while we are wondering what is happening to the Senate, this Senate houses the tyranny of legal brains and senior counsel in the Republic of Kenya. However, we are suffering out there, when courts are issuing these injunctions. We must go to the Supreme Court to seek an advisory opinion on whether or not these courts of this Republic acting under Article 165 have got superior jurisdiction to that of the Senate. Under Article 96, it is fair that this Committee comprising of the Senators as listed here, will be able to guide this Senate. I am going to ask you, hon. Senators seated here, that as you debate this Motion in its amended form, just like any good client, you must be able to listen to legal advice. Otherwise, there is no purpose of setting up such a committee because all of us are politicians. We are bound to mix legal issues with political issues. I am going to tell you that this country will judge us harshly if we do no exorcise that demon of the independent Constitution where the Senate of this Republic was done away with because of what I call autocracy. 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."
}