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{
    "id": 595277,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/595277/?format=api",
    "text_counter": 279,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "In my opinion, the determination of this matter was done a long time ago. This afternoon is a very sad day for me. This is because, procedurally, the precedent and practice of all parliaments is that once a matter has been decided, the option for us legislators is to see whether we can amend Article 115 of the Constitution. Article 115 is at the end of the legislative chapter of this Constitution. In fact, it is good to read Article 118. I was very sad when my good friend, Hon. Chris Wamalwa made a very serious allegation. He said: “Let us use the two-thirds number of those who are inside here.” That is very casual. The Constitution and the Standing Orders talk of two-thirds of 349. If it says a quarter, it will be a quarter of 349; that is the one for impeaching the President. You cannot make the shoes you wear. You will always go to the Bata Shoe Company Kenya Limited to ask them to make some for you. I want to go on record on this. For the Legislature, the Judiciary and the Executive, this Constitution has provided checks and balances. It has denied all the arms of Government absolute powers; whether it is the Executive, the Legislature or the Judiciary. I have no doubt that this House has the powers on legislation, representation and oversight, under the Constitution. But, the same Constitution denies you absolute powers in the Bill of Rights. The Bill of Rights cannot just be open-ended. Your rights cannot injure those of the other person. So, there are checks and balances. That is why the Judiciary has been provided; in the unlikely event that Parliament over-steps its mandate. The media calls us “a rogue Parliament” for making draconian laws a number of times. Where is the interest of the citizens if we make law today? The Judiciary has the constitutional mandate to annul the whole law or part of it. That is why my colleagues from the Coalition for Reforms and Democracy (CORD) and other Kenyans went to court when we passed the Security Laws (Amendment) Bill. A number of provisions in the Security Laws were removed. Those are the powers given to the Judiciary to check excessive authority of Parliament on legislation. In the Referendum of 2010, Kenyans decided to give the President power as the head of the Executive; whether it is Uhuru Kenyatta today, Jakoyo Midiwo 20 years to come or Aden Duale in 15 years to come. Chances are that I will become the President before him. There is a five-year difference. It has been given to the President, and nobody can deny him to be the single Chief Executive Officer (CEO) of the people of Kenya. He is a person who has been elected by the majority of votes in order to protect the Constitution and the citizens. The framers of the Constitution under Article 115, through a referendum passed by the people of Kenya, have given it to Uhuru Kenyatta for now. We have serious business. You have made a Communication. If you look at the HANSARD, what I said before 25th of June and what I am saying today is the same. If you are given an opportunity today, you will say the same. So, if you have a problem with Article 115 on referral and assent, or any Kenyan has a problem with it, you go the route which is very clear. How to amend the frame of the legislature is in the legislature. You can go and bring an amendment like my good friends Hon. Kaluma, David Ochieng and Mheshimiwa Lelelit, but it will collapse. As we speak, let us make sure we speak to this Constitution. I am waiting for you to give a simple direction because you have made a determination of this matter. There is nothing new. We are dealing with four issues: the fruit juices, motorcycles, motor vehicles and cigarettes. 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."
}