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{
    "id": 577947,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/577947/?format=api",
    "text_counter": 63,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker for the opportunity to contribute to this Bill. In an ideal situation, Parliament is supposed to make laws, the Executive is supposed to implement and execute those laws and the Judiciary is supposed to interpret them. However, many times, we do not have an ideal situation. I thank Hon. Kaluma for coming up with this proposed constitutional amendment, which I support. This country has suffered a lot in the hands of what I would call “judicial activism”. Judicial activism happens when the Judiciary, many times, chooses to be a player in a matter where they ought to be independent arbiters. We know the case of the Division of Revenue Bill and the problems we have now with the two-thirds gender rule. Clearly, the Judiciary opted to become players in a matter where they were supposed to be independent referees. The role of Parliament has been elaborated very much and my colleagues have spoken to it. Article 94 says that the legislative authority is derived from the people and at the national level, it is vested and exercised by Parliament. If there is to be a clear distinction between Parliament and the other arms of Government, it has to be the fact that only Parliament discharges its functions directly on behalf of the people of Kenya. All of us who sit in this House have come to this House on the approval of the people of Kenya. That way, everything we speak here, we express it on behalf of the people of Kenya. Article 117 of our Constitution is very clear that there shall be freedom of speech and debate in Parliament. If the principle of separation of power has to have any meaning, in my view, the same way Parliament has to keep off a matter that is before the Judiciary, so should the Judiciary keep off a matter that is expressly before Parliament. This is because the moment that borderline is allowed to be hazy, then we are facing a real situation where matters that are before this House can be injuncted by the Judiciary and the activities that go on in this House can be paralyzed. We should never allow that to happen. Of course, it is never a perfect system. Even within the fact that all of us as three arms of Government discharge our constitutional duties, it is expected that the attributes of common sense and good manners should prevail. Unfortunately, many times they do not prevail. This is an important amendment that we all should support. All 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."
}