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{
    "id": 578854,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/578854/?format=api",
    "text_counter": 289,
    "type": "speech",
    "speaker_name": "Hon. Aden",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "“good faith” because we do not do what tyrants do in good faith. Tyrants do not do things in good faith. This is what I want to say. These are the tyrants that Mheshimiwa here said will be created if this is passed into law. So, in other words, our options are very clear under the Constitution. We, legislate, oversee and also represent. In so doing then, we should not end up being victimized or condemned as we have seen our colleague last week being sentenced to pay huge penalties for doing what the people of his constituency had sent him to do. Hon. Temporary Deputy Speaker, the amendment to Article 165(5) that is limiting the High Court on matters before Parliament is very important. Otherwise, we will not be able to do the work that we have been sent to do here. Parliament will not embark on a certain issue and certain legislation of national interest. Remember, the sovereign power in the Constitution belongs to the people of Kenya and they express or utilize their power. One of them is through the elected leaders who sit in this House. So, anything that this House is seized of is their interest and is under the powers of the sovereign people of Kenya. For that reason, indeed, if matters which are before this House are subjected to court proceedings and each time we discuss an issue is stopped by a court directive, then it would not be justice to the people of Kenya. Hon. Temporary Deputy Speaker, amending Article 165(6) puts Parliament at the same level of a superior court. In other words, matters which are at the Supreme Court, for example, cannot again be discussed by the lower courts. In the same manner, matters before this particular House - just the same way that a matter before the Supreme Court is respected by other courts - should not be touched. As I end, the amendment to Article 196 is also intended to ensure that Members of the County Assemblies (MCAs) are also granted similar cover in doing their jobs. I want to insist and say that it should not be misunderstood that parliamentarians want to try and protect themselves around this particular law. We are saying that we act in good faith. If I stand here before this House and present documents that show that somebody has stolen public money belonging to the people of Kenya and I table them and mention that particular person, I should not be taken to court tomorrow and be asked to pay a fine of Ksh10 million. This is exactly what this particular law is trying to say. Similarly, the MCAs also legislate as we do here. It is only that they do in their respective counties and they too should be given that opportunity. Once that cover is there, then we will be able to fearlessly express and represent the people of Kenya and ensure that even in our oversight roles, we are able to do them without looking at our backs for fear that the same actions that we have taken can be taken against us in a court of law and be condemned like we have seen our former colleague unfortunately suffer. Hon. Temporary Deputy Speaker, I want to end there so that my colleagues can add onto this. It is a very fair and good piece of legislation. This amendment will clarify many issues. It will end this unending tussle between both Houses, the bicameral system that is the National Assembly and the Senate against our Judiciary. The Judiciary is not an enemy to this House. It is another arm of Government and what we are saying is that under the principle of separation of powers, this House should be given the respect it deserves. That respect was given by the people of Kenya. The Members who are in this House are carrying out their duties in good faith. They should not be condemned. They should be protected under the Constitution."
}