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{
    "id": 578808,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/578808/?format=api",
    "text_counter": 243,
    "type": "speech",
    "speaker_name": "Hon. Kipyegon",
    "speaker_title": "",
    "speaker": {
        "id": 1453,
        "legal_name": "Johana Ngeno Kipyegon",
        "slug": "johana-ngeno-kipyegon"
    },
    "content": "The Hon. Member made a proposal to amend this part so that this House, in its duty of making the law, oversight and representation is given serious protection either from within or without. Many a times, many people have been rushing to courts to stop this House from doing some serious legislation. It is on that particular point that Hon. Kaluma has made his registration known. He has registered his concerns that this House must be respected because it has separate powers from the Judiciary. We must understand the separation of powers. It allows this House to make laws, the Judiciary to interpret them and the Executive to implement or put breathe to them. Each one of those particular bodies must be allowed to do its duties. If this House is prevented from doing what is stated in the Constitution, then who else will have those powers? The courts cannot make laws. They can only interpret them. It is only on some very minor situations like on cases of precedent that courts can be said to have made some laws. Parliament has some powers and jurisdictions like those of the High Court. They allow Parliament to summon people to give evidence. It is only after giving evidence and hearing witnesses that we can make conclusive legislation, oversee and allow other bodies of the Government to deal with the issues that were being overseen or looked at by this House. Another very important factor in this Bill is the amendment to Article 117 of the Constitution. It talks majorly about powers and privileges. We remember Mr. Gor Sungu’s case where a Member of this House was looking into a very serious case. Later on, it was taken before court. The Member had to suffer but it was not a personal matter. It was a matter which was before this House and was discussed in the Committee. The Hon. Member seeks to shield this House and the committees on the matters which are before the committee or this House. It is not only the Members of Parliament. In Article 196, the amendment seeks to also give protection to the MCAs whom we all know are also grappling with the same situation. Hon. Temporary Deputy Speaker, sometimes they discuss matters that affect the counties or legislate on matters that affect counties. Sometimes they deal with the constitutional provisions of impeaching the governors. This is the case and yet some governors would rush to court and stop the process which is provided by the Constitution. So, Article 196 as amended will provide for the protection of the county Assemblies so that they cannot also face the same situations that some Members of this House have faced in the past. There are amendments in Article 165 by the Hon. Member. Article 165 talks about the High Court and especially on Article 165(a) which says: “The High Court shall not have jurisdiction in respect of matters- (a) reserved for the exclusive jurisdiction of the Supreme Court under this Constitution;” In this matter, the Member is trying to show the High Court that they may not have jurisdiction also on matters which are before this House. In this amendment it states that the jurisdiction should not only end with the Supreme Court or Superior Courts but Parliament should also be included in that particular part of the jurisdiction. It will only be after the matter has been canvassed, passed in this House that the courts can either look at the legality or the illegality of the Acts which are passed in this House. Hon. Temporary Deputy Speaker, I think the major reason why we have courts is so that they hear matters which are either within the Constitution or in the Acts of Parliament. The judgements which are given in courts are either based on the Constitution or on Acts of Parliament. It is, therefore, very prudent that the courts wait until this House, the Senate and the 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."
}