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{
    "id": 578877,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/578877/?format=api",
    "text_counter": 312,
    "type": "speech",
    "speaker_name": "Hon. Saney",
    "speaker_title": "",
    "speaker": {
        "id": 2988,
        "legal_name": "Ibrahim Abdi Saney",
        "slug": "ibrahim-abdi-saney"
    },
    "content": "Thank you, hon. Temporary Deputy Speaker. Articles 1 and 2 of our Constitution clearly stipulate that the sovereign power is vested in the citizenship of this country and can only be exercised through the Constitution. Article 2 of the Constitution specifically stipulates that that sovereign power can be exercised, by extension, through its elected representatives. The elected representatives are in the Houses of Parliament, which are the Senate and the National Assembly. The National Assembly has a very important role in overseeing the other organs of Government. It is only the Legislature that has the power to protect the public even at times when the Government goes wrong. It also protects the public from the excesses of their own Government. That oversight role comes with roles and responsibilities. This amendment clearly brings out immunities that can clearly go well with those responsibilities. The amendment suggested in Clause 2 (1) is clear. Besides what my colleague, Hon. Nassir, has suggested in terms of diction in what those words might mean, it is clear that the amendment suggested in Clause 2 (1) clearly indicates that a Member of Parliament (MP) is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance. So, in as much as MPs and Members of County Assemblies (MCAs) do their work in lawful performance, they deserve immunity. I acknowledge that the Constitution indicates the freedom of speech and debate. However, it has gone short of bringing out immunities that go with such freedoms. MPs debate and do so many activities in their advocacy role on a day to day basis. That ordinarily comes with some protection. Article 165 (c) further brings in the aspect of extending those immunities to county assemblies. I believe that, that is in the spirit of devolution. That makes devolution alive - one of the main things that we have benefited from in the 2010 Constitution. It is up to Kenyans to come up with quality MPs. For me, extending that immunity to the county assemblies is a welcome amendment. Further, Clause 3 (b) brings in a new amendment where the Legislature is brought at par with the superior courts. The Government is always made of three institutions - the Executive, the Legislature and the Judiciary. The highest organ in the Judiciary is the Supreme Court. The highest organ in the Executive is the Presidency. The highest organ in the Legislature is Parliament. So, it logically makes much sense to bring those immunities and responsibilities that bring Parliament at par with the superior courts as espoused in (d). With those few remarks, I support the amendment."
}