{"id":577944,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/577944/?format=json","text_counter":60,"type":"speech","speaker_name":"Hon. Bowen","speaker_title":"","speaker":{"id":2256,"legal_name":"David Kangongo Bowen","slug":"david-kangongo-bowen"},"content":"Thank you, Hon. Temporary Deputy Speaker. I stand to support the constitutional amendment by Hon. Kaluma. The Constitution is clear in the formation and functions of the three arms of Government. We cannot say there is a Government in place if we do not have the three arms of Government. For the Government to function, the legislative work of the Government is done by this House. The work of the Judiciary is to interpret laws while the Executive implements laws. When the three arms of Government work together that is what is called Parliament, The input of this amendment is very important. There is nothing the Judiciary can interpret if there are no laws made by this House. There is nothing the Executive can implement if this Parliament does not pass the legislation to enable the Executive function. However, some of the functions are administrative and call for mutual respect between the three arms of Government. We do not need to legislate everything. Small issues requiring just leadership of the three arms of Government to iron out do not need legislation. The Judiciary has been frustrating the efforts of this House when it is discharging its functions. We have seen quite a number of instances. Again, I do not know if there is a clear understanding between the Judiciary and the Judicial Service Commission (JSC). This Constitution is very clear that the JSC, established under Article 171 of the Constitution, and the Judiciary, established under Article 159 of the Constitution, have clear functions. This is because there is a time when this House called the Chief Justice (CJ) to appear before a committee of this House not as a CJ of the Republic of Kenya but as the Chairman of the JSC. We have seen that when a committee of this House discharges a function, for example, when we were doing some investigations on corruption in the Judiciary, allegations pitting the JSC commissioners, the commissioners went into hiding citing 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."}