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"id": 588616,
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"type": "speech",
"speaker_name": "Hon. Kang’ata",
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"id": 1826,
"legal_name": "Irungu Kang'ata",
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"content": "In Kenya, when it comes to matters regarding judicial review, that is the power of the High Court to countermand laws or a resolution of Parliament. We have an open door policy. Any litigant is entitled to move the court to do so but, in other jurisdictions which are even more progressive than ours, for instance, France or Israel, it is only a politician who can do it. For instance, a member of the opposition or a parliamentarian is the one entitled to go for judicial review. The reason is that what is being done in this Parliament is very important that the person who ought to question that issue is a fellow legislator. Be that as it may, I am not proposing that we fetter Kenyans the power to approach the court for judicial review. However, we need to make it systematic. We say “No”. Allow Parliamentarians and county assembly to debate and then thereafter if you have an issue, you can go to court and overturn that decision. So, I would be proposing that we use this law to ensure that our mandate is not interfered with by the High Court."
}