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{
    "id": 66216,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/66216/?format=api",
    "text_counter": 378,
    "type": "speech",
    "speaker_name": "Mr. Imanyara",
    "speaker_title": "",
    "speaker": {
        "id": 22,
        "legal_name": "Gitobu Imanyara",
        "slug": "gitobu-imanyara"
    },
    "content": "Mr. Speaker, Sir, I will be very brief. I am aware that you did, in fact, not just make a ruling, but deferred the ruling to the issue that I raised. I assumed that, at some stage, when the issue is revisited, you will make a ruling. When you make that ruling, I am aware that you will be bearing in mind what the words of Article 2 require of each one of us; that is, âEvery person has an obligation to respect, uphold and defend this Constitution.â Both my learned seniors, hon. Mutula Kilonzo and hon. James Orengo, have emphasized the point that the court has already made a decision on the issue of unconstitutionality. That decision has already been made whether the matter will proceed to hearing or not and the issue as to whether the process adopted was unconstitutional or not. There is a conclusive finding to that effect. Therefore, to that extent, we must look at Article 165 of the Constitution and the jurisdiction of the High Court. We should invite, when we are considering the issues, Article 165(3)(d) which says that the High Court shall have jurisdiction to hear any matter in respect of the interpretation of this Constitution, including the determination of the question as to whether any law is inconsistent with or in contravention of the Constitution. That includes the question of whether anything said to be done under the authority of this Constitution or any other law is inconsistent with or in contravention of this Constitution; the question of whether anything said to be done under the authority of this Constitution or law or any other law is inconsistent with or is in contravention of this Constitution; any matter relating to the constitutional powers of State organs in respect of County Governments is also relevant. Mr. Speaker, Sir, the jurisdiction to make the pronouncement as to the constitutionality of the process has been determined. We must refer to the decision of the High Court. We are sailing in unchartered waters and giving meaning to a new document. The spirit of this Constitution requires us, as we develop what the Chair of the Departmental Committee on Justice and Legal Affairs called it, the culture of constitutionalism and requested that we refer the aspects of the interpretation of the law to the institution that is uniquely qualified to make those determinations. I am aware and do respect the point made by hon. Mutula Kilonzo that you are perfectly capable of interpreting the Constitution in the same manner as any judge of the Superior Court or the High Court. Sitting as the Speaker of the House, I plead with you because we must not be seen to be encouraging anything that would give the impression that we are claiming absolute power in this House; power that is inconsistent with the Constitution. We are subject to the Constitution just as the Judiciary is subject to the Constitution. Any other institution is subject to the Constitution. The National Assembly can only operate within the Constitution. The authority and the jurisdiction to make findings and interpretations rest with an institution other than us. We must refer to those institutions. In this case, Justice Musinga made a conclusive and final finding on this issue. I am inviting you, when you are making a ruling on this issue, to bear this very heavy responsibility on your part, a responsibility that will determine whether we shall, indeed, develop a culture of constitutionalism or whether we shall allow this House to go against a decision of the High Court that bars us, and says that all State organs must not proceed further. I am aware that when you gave your directions, you were not aware of the ruling. However, it has now been brought to your notice. The pleadings have been tabled in the House and you have been told that the Chief Legal Advisor to the Government has conceded. How can we go behind this? I am pleading with you that you must not allow this House to undermine the spirit of the Constitution."
}

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