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{
    "id": 578809,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/578809/?format=api",
    "text_counter": 244,
    "type": "speech",
    "speaker_name": "Hon. Kipyegon",
    "speaker_title": "",
    "speaker": {
        "id": 1453,
        "legal_name": "Johana Ngeno Kipyegon",
        "slug": "johana-ngeno-kipyegon"
    },
    "content": "county assemblies clear the matters which are before them. We would also wish to ask the courts that as a matter of fact, whenever there is a matter which is active in courts, it is never subject to either political discussions or even discussions in this House. Even the President himself cannot discuss matters which are active in courts. I remember when the Independent Policing Oversight Authority (IPOA) went to court and reversed the recruitment of police, the President gave a declaration that the recruits should go to Kiganjo Training College. However, the courts stood their ground and carried the day. I think because the President respected the court’s ruling later, this House also respected the court’s ruling later. They should also be in a position to respect anything that is being undertaken in this House until when that matter has been signed into law. That is when somebody can go to court and seek interpretation, to see whether the Act which has been passed in this House contravenes the Constitution. This is because the Constitution also provides that any law, either customary or any other Act even international treaties that contravene the Constitution is null and void. It is upon the courts now to determine the matter, but not before we clear with it. It is only after this House has passed the laws that the courts can now give full interpretation. I wish to support this amendment by stating clearly that it seeks to protect the powers vested in this House by the people of the Republic. As it is known by the law, it is in the Constitution that empowers it to legislate and the supremacy of the people is represented in this House. If you were to tie the hands of this House from representing, legislating and overseeing for the Kenyan people, who else would do that job? So, we are only seeking protection from interference, litigation and protection from any other body that may want to gag this Parliament. Secondly, we are only seeking for the separation of powers to be clearly stipulated so that when we deal with whatever we deal with, we do not get interference. When courts deal with their issues, we do not interfere with it. When the Executive deals with what they deal with, we do not interfere with it. So, the courts should also not interfere with our processes until when somebody wants to seek interpretation. Thank you and I support."
}