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{
    "id": 497800,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497800/?format=api",
    "text_counter": 196,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute. This House has a serious responsibility provided for under Articles 94 and 96 of the Constitution and also under Chapter 12 of the Constitution on Public Finance; and many other provisions of law. There is a systematic and well co-ordinated attack on this House. This is an attack that has perturbed me, particularly when I realized that the attack this House is facing is in relation to its responsibility to protect counties and the people who live in those counties. Mr. Deputy Speaker, Sir, I would not fault any judge for, perhaps, giving an injunction on matters related to personal rights or rights of one individual. However, Article 27 of the Constitution is very clear that you must measure individual rights with the rights of many people. It is also clear that people must appreciate that this House has never faulted the courts for reaching a final determination on well reasoned, well presented case and arguments. However, what we, as a House, have a problem with is the use and misuse of injunctions; what the Senate Minority Leader called the “dishing of injunctions like mandazis .” It should worry this House that a court, even a judge in his right mind, would say that a county assembly cannot summon a County Executive Member. To just say in a blanket manner that the county executive committee members cannot be invited to come and answer questions related to matters of accountability about the county and their performance; that they cannot be removed or they cannot be questioned. To say that the Senate cannot invite a Governor to come and make his case in relation to use or misuse of public funds in the county should really worry anyone in this country. Injunctions are being used as if they are permanent orders against any possibility of anyone questioning any governor. As I have said, without casting aspersions on the institution of the Judiciary, I want to make it very clear here that, that Judiciary has a number of judges, some of who taught me, like my dean, Prof. Jackton Ojwang. 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."
}