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{
    "id": 497687,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497687/?format=api",
    "text_counter": 83,
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    "speaker": null,
    "content": "My last point is this. There is an area that courts need to understand. That understanding, I am sure, we will eventually get there. The Senate is a constitutional body and is bound by Article 10 of the Constitution. When a matter is before the court on allegations of violation of fundamental rights or such other claims, I would expect the courts to advise those who go before courts before the Senate has completed the exercise of, for instance, going through an impeachment process. They should advise petitioners that these points can be raised before the Senate. What am I saying? I am saying that if somebody felt that he or she was not given justice before a county assembly, they can come before the committee of a full sitting of the Senate and say that they were not treated in a constitutional manner or given a fair hearing. They can use that as a ground before the Senate. The Senate is also bound by the rules of natural justice. Sometimes, if we do not allow independent bodies and arms of Government to operate on their own in the context of the constitution, then there is likely to be a clash. This is the clash we are seeing. For example, if we were not working harmoniously and all arms of Government were in competition, I can imagine a situation where the court would have to make a ruling and the next day, Sen. Mutula Kilonzo Jnr. could come up with a Bill to amend the law to frustrate the courts. In the old days, when Parliament was not behaving, the Executive would deny Members resources to run the affairs of the House. We need to have a degree of understanding between the various arms of Government to ensure that each arm is given space and latitude to exercise its mandate under the Constitution. If that does not happen, then some people would earn tenures. For instance, if at the end of the day the Supreme Court finds that Governor Wambora was properly impeached, he has served a tenure that he does not deserve. How you rectify that under the law is difficult. One of the things that the courts are not doing and which we urge them to do is; when they are seized of a matter that involves various arms of Government, then it should be dealt with expeditiously so that both arms of Government can act in harmony with the other arms of Government. I agree with the Senator for Nyeri County who tends to make a lot of sense most of the time, whether inside or outside the House. I am sure that we can talk about these issues after the sitting to see how this committee can work better. If we want to reduce the number, we can still reduce it. I want to be candid with Senators that up to about 1.00 pm, my name was not in this Committee. However, after some discussions in the Rules and Business Committee (RBC), it was felt that some names be added, including the names of the gracious ladies whose names are in the Order Paper that has been presented before the House. Lastly, I want to appeal that we are going through a very difficult time in these early days. You can see that when we are confronted with a problem like this one, we tend to speak with one voice. 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."
}