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{
    "id": 578780,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/578780/?format=api",
    "text_counter": 215,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "Thank you, Hon. Deputy Speaker, for the great opportunity to move this amendment to our Constitution. Hon. Deputy Speaker, I beg to move that the Constitution of Kenya (Amendment) Bill, National Assembly Bill No.2 of 2015 be now read a Second Time. The Bill we have before us would not be necessary if the organs of Government clearly kept to their places of work, functions and roles and time without interfering with others. This Bill would also not be necessary if we operated under the previous Judiciary where we had judges who were firmly anchored on some of these constitutional principles which are very basic and well settled. On previous occasions before this House, I have mourned the fact that the great judges who have served this country like Justices Ringera, Nyamu and Emukule; and those great judges of public law like Justices Ibrahim, Ojwang’ and Warsame no longer sit in the Public Law Division of the High Court. So, that is the background we are coming from. How we wish that the solidity of mind, the understanding of the Constitution and the relationships between Government organs on matters constitutional and intervention against one another in terms of checks and balances were well understood. The judges served in the then Public Law Division understood them. Kenya is a constitutional democracy. That means all organs established by the Constitution are equal. The difference is that they perform their constitutional functions and mandates within their respective areas. Parliament will make laws in addition to execution of those other functions we have under Articles 95 and 96 of the Constitution. The Executive will set Government policies and enforce those policies, including the laws, in a manner that serves the interest of our people. Although Article 10 contemplates that other individuals can and must also be interpreting the Constitution, the Judiciary is given power to interpret the Constitution and laws and check whether any action by any individual, State organs or agencies is in accordance with the Constitution. In terms of status and standing, the Judiciary, Parliament and the Executive are co- ordinate institutions. None is superior to the other. They perform their independent functions as given by law on behalf of the people of Kenya. I do not want to take long in moving this Bill. The Constitution has in-built the doctrine of separation of powers as our value and in its architecture. That is why those functions I am talking about have been granted to those respective organs and agencies of the Government. The Constitution has also in-built what we call checks and balances among those organs and agencies of the State. What am I saying? Parliament will budget and that money will go to the Executive for it to execute those functions, but Parliament will retain the obligation to play an oversight role. For instance, we have the Public Accounts Committee (PAC) of this House doing a bit of audit. In terms of relevance, there is no time Parliament, either as individual Members or through its Committees, including PAC, will go to the desk of the Executive when it is still spending money executing those functions which are important for the people of Kenya. In fact, PAC will wait for those expenditures to be concluded. At the end of the year, the Auditor-General will speak and those queries raised by the Auditor-General will be interrogated by this House through PAC on behalf of the people of Kenya. 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."
}