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{
    "id": 577928,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/577928/?format=api",
    "text_counter": 44,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "difficulty supporting the proposed amendment to Article 165 which is provided in Clause 3 of this amendment. My difficulty is with regard to trying to solve a problem which, to me, is administrative through a serious legislation, or through an amendment to the supreme law of the country. When the people of Kenya voted for the Constitution, the understanding was that the three arms of the Government would exercise their functions and responsibilities with respect, caution and maturity. That should be done with respect to the people of Kenya, who have given us, or delegated to us, those powers. The fact that probably the Judiciary has at times waded into certain issues that were before the House, should not make us outlaw completely the High Court from giving an order or even injuncting certain activities. This is because if you read this proposed amendment carefully, it says in Clause 5 that we are inserting the following new paragraph immediately after paragraph (b); we are adding paragraph (c). Reading Article 165(5) it says that:- “The High Court shall not have jurisdiction in respect of matters— (a) reserved for the exclusive jurisdiction of the Supreme Court under this Constitution; or (b) falling within the jurisdiction of the courts contemplated in Article 162 (2).” Now, I want to read the proposed amendment. It states:- “Falling within the functions of Parliament, either of its Houses or a county assembly as provided for in this Constitution in so far as those matters are pending or undergoing consideration before Parliament, either of its Houses or a county assembly”. This to me is too general. This is because we may even have a Motion in this House, or a report of a committee, on a matter. Just by the mere fact that, that debate is going on, cannot stop any Kenyan from enjoying his or her rights by going to court and challenge certain issues that probably Parliament is handling. Hon. Temporary Deputy Speaker, if we make this amendment, I think as a House we may be reckless because we are going to bar the Judiciary from deliberating on any matter that is before this House. By the way all matters in this country may be in this House. This is because any issue that comes in the public domain can easily be brought to this House and by the mere fact that it is being considered by either a Committee or the plenary of this House then you are stopping the Judiciary from coming in. I think that is too pervasive, it covers almost the entire country in terms of activities and services and therefore that puts me in a position where I am reluctant and I oppose this particular amendment especially to Article 165. I really do not know because the old Constitution was very clear, the one that the people of Kenya repealed; that a Constitutional amendment cannot be amended in the House. The current Constitution is silent on that unless I am corrected. If it is silent therefore it means we probably could amend this proposed amendment. If that is the case then I would urge this House to delete completely this Clause 3 that is amending Article 165 of the Constitution. I wanted to add also that even though we say that the three arms can operate independently without interference, at times even as Parliament we are forced to interfere with other arms of the government especially, the Executive. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}