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{
    "id": 562491,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/562491/?format=api",
    "text_counter": 144,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "So, all those organs, including the legislative power of Parliament, draw their sovereign power from the people under this Constitution. The three arms of Government, the legislative authority of the National Assembly for example, the Judiciary and the Executive are independent, but they are inter- dependent in the reading of both the letter and the spirit of this Constitution. There is no absolute in the Constitution and I use the word “absolute” legislative authority of Parliament just as there is no absolute power of any of the other institutions. Why do I say so? If you allow me because I am explaining, each arm checks the other. The framers of the Constitution put Article 115 of the Constitution in order to check both omissions and commissions of the legislative authority of Parliament. That everything that goes through Parliament is not absolute. Even Parliament itself has the oversight role of the Executive, both in terms of operations and resources to make sure that Parliament denies the Executive that absolute authority. That is why the Judiciary, as an institution, checks both the absolute power of Parliament and the Executive. How does it check the absolute power of Parliament? When Parliament passes legislation and the President assents to that legislation, the Judiciary has the powers, given by this Constitution, to annul in totality that legislation passed by Parliament or to annul sections of that legislation. That happened during the very infamous 18th December security laws in which the Judiciary annulled some sections of it. Why did the Constitution give that power to the Judiciary? It is for the Judiciary to be the fall-back for the people and citizens of this country. It is so that the excesses in Parliament and the Executive can be checked by the Judiciary. I am sure that Article 115 of the Constitution, in the opinion of the framers of the Constitution, had in mind that the absolute legislative powers given to the National Assembly under Article 94 can be checked through Article 115. I served with you and Hon. Jakoyo in the last Parliament and Article 115 of the Constitution was not introduced to this Constitution then. It was in the last Constitution. I remember, for those of us who were here, we received many referrals and requests for re-considerations from the President then. Parliament, in my opinion, cannot eat its cake and have it. If we go this way, then the description of a rogue Parliament will fit in. The best institution to interpret the usage of Article 115 of the Constitution on Presidential Assent and Referral is the Supreme Court of the Republic of Kenya. This is my opinion. The other interpretation is for this to be subjected to a constitutional amendment so that if we agree, as a country, that the absolute legislative authority of Parliament cannot be checked and that Parliament will enjoy absolute authority; and that it is either their way or the highway, which in my opinion is not what this Constitution has envisaged, then I have a feeling that Article 115 is in its right place. The President has the---"
}