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{
    "id": 665829,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/665829/?format=api",
    "text_counter": 351,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "The second decision that reaffirmed our power in the Constitution is to be seized of and dispose the Division of Revenue Bill every year with a huge majority of six Judges against a minority of one dissenting Judge. The Supreme Court, where Chief Justice (Dr.) Willy Mutunga is president until midnight today said that there cannot be a Division of Revenue Bill that has not been processed through the Senate and claim that the law is valid. That was a fantastic decision. Mr. Speaker, Sir, we have had an excellent relationship between us and the Judiciary but on the balance, we should continue respecting the autonomy and independence of individual judges and the Judicial arm of Government. I am calling upon the Judiciary as well as the Executive to respect our space and understand us even if we sometimes do things as an institution that according to the other arms of Government should not be done in the way that we do them. That is the kind of respect that we need in the arrangement of separation of powers. Going forward, the future of inter- relationships among the three arms of Government, in my view, looks very bright. The Chief Justice has given very strong apologetic analysis in defense of the Judiciary and what he assumes to be his achievements. I agree with him largely when he says that there were fewer judicial officers when he took over four years ago than we have today and that the Judiciary had very little budget compared to what they have today and that there has been improvement in the infrastructure of courts compared to what prevailed four years ago and also when he says that gender parity is almost a reality as opposed to gender arithmetic that existed four years ago. I agree with him on those issues and I think that we should grant him that accolade because he deserves it. Mr. Speaker, Sir, allow me to say two other things as I move this Motion. All is not lost for our country. With the kind of speech that we have listened to this afternoon from a person of the caliber of the Chief Justice (Dr.) Willy Mutunga, I believe that there is hope for our country. The future of this country lies in talking and listening to one another, learning and sometimes owning up to mistakes. I must say that I was waiting for Chief Justice (Dr.) Willy Mutunga, to also tell us the mistakes that he has made because leadership is not about getting everything right. When I see him next, because he has assured me that he is returning to the University of Nairobi, where I am also preparing to retire eventually, I would like him to tell me what his failures have been. He informed me that he is preparing his memoirs. I hope that through them, he will tell us what he did not do right. Under the same Standing Order that we have used this afternoon to have Chief Justice (Dr.) Willy Mutunga, I hope that we can get somebody of the caliber of retired President Daniel arap Moi, who was a Member of the Legislative Council (LEGCO) in 1957 in this very Chamber. If he can spend 30 minutes and tell us what he considers to be things that he did while he was in office for this country; the mistakes he thinks he made or the things that he would have done differently, this country would be the richer. That is why I ask myself why is it that nobody in this country visits museums, archives and other places of historical importance. We do not remember both the good and bad things that we have travelled through as a country as opposed to other countries where they treasure all their memories, sad and happy. 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"
}