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    "id": 665686,
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    "content": "first Law Society of Kenya Distinguished Services Award for Constitutionalism, Rule of Law and Human Rights. The Hon. (Dr.) Willy Mutunga was appointed the Chief Justice of the Republic of Kenya on 16th June, 2011. It is, indeed, a great honour to have such an accomplished citizen as the Hon. (Dr.) Willy Mutunga address the Senate today. Hon. Senators, the Hon. (Dr.) Willy Mutunga will go down in the annals of Kenya’s parliamentary history as the first Chief Justice to address the first Senate under the Constitution of Kenya, 2010. This spectacular occasion will undoubtedly lend credence to the need to build and nurture closer institutional and organic engagement and collaboration; core values which this Senate holds in high regard. In the service of our people, it is most desirable that national, county and institutional leaderships should inculcate the culture of cooperation and consultation of talking to each other and engaging constructively rather than talking at each other. James Madison, Federalist No.47, 1788 stated:- “Montesquieu did not mean that these branches ought to have no partial agency in or no control over to the acts of each other. His meaning can amount to no more than this, that where the whole power of one branch is exercised by the hands that hold the whole power of another, the fundamental principles of our free constitution are subverted. There is not a single instance in which the several branches of power have been kept absolutely separate and distinct.” Today as we assemble here to listen to your address, we pay tribute and appreciate you for your audacious leadership example, not only in our sister institution, the Judiciary, but also for your overall contribution towards the struggle to actualize the rule of law, justice and a culture of constitutionalism and institutional transformation in Kenya. This nation owes you a deep sense of gratitude and appreciation. Against great tremendous odds, you have accomplished many fetes and tackled many difficult tasks. The Constitution of Kenya 2010 is explicit on the functions and roles of the major institutions of democratic governance. While interdepedently constituted in the Constitution, there are quite distinct demarcations and operational zones for the various institutions. This applies to the Judiciary and the Senate. By and large, we are duty bound to co-exist harmoniously in the common dispensation of service to the people of Kenya. Indeed, we ought to convene regular consultative consultations and engagements in our common endevour. However as most of our African communities would put it, pots and pans in the same container will always clang and clash. Yes, this jostling is sometimes necessary and healthy. This should not, however, be left to detrimentally escalate into adversarial tough struggles that could polarize and tear apart our common obligation of delivering services to the people of the Republic of Kenya. We in the Senate strongly feel that the consultative and deliberative mechanism ought to be established to avoid an impasse as we discharge our respective mandates. Both institutions do have clear roles and functions to provide requisite leadership in matters of common endeavour that will make ordinary Kenyans sleep soundly, knowing and having faith and trust in both the Judiciary and the Legislature. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}