Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 670434,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/670434/?format=api",
    "text_counter": 35,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Government. Outside the Standing Orders that guide the proceedings of Parliament both in the plenary and in committees, parliaments and legislatures across the world are run on precedents and practices. The Communications from the Chair are very fundamental. The practice of the previous Parliaments is anchored; it becomes part and parcel of how the House is run. The Constitution has given this Parliament some very unique functions to do. There is the function to impeach the President and the Deputy President; the function to pass the Budget of the nation and the function to vet State officers. Judge Odunga should tell us whether he wants to suspend the Standing Orders and take the function of the Legislature. Judge Odunga has the luxury. He can leave the Judiciary and become the Speaker or a Cabinet Secretary. He cannot have his cake and eat it. He cannot have one leg in the Legislature, one leg in the Judiciary and another leg in the Executive. That is if he has three legs. The House must debate this. It must give guidance. Ultimately, we must make it very clear whether this House is an appendix of the Judiciary. Standing Order No.111 says:- “If any Member shall refuse to withdraw when required to do so, by or under these Standing Orders, the Speaker or the Chairperson of Committee as the case may be, having called the attention of the House or Committee to the fact that recourse to force is necessary in order to compel such Member to withdraw, shall order such Member to be removed and such Member shall thereupon without question put be suspended from the service of the House during the remainder of the Session and shall during such suspension, forfeit the right of access to the precincts of Parliament and the Serjeant-at-Arms shall take necessary action to enforce the order.” Judge Odunga should have declared this Standing Order No.111 unconstitutional. If he had done that, I would have no problem but he never did that. That should have been the right route for Justice Odunga, if he had declared Article 124 unconstitutional. Over 67 per cent of the people of Kenya voted for this Article. It is the people of Kenya who voted that Article to be part of our Constitution. If he declared Article 124 that anchors the usage of Standing Orders in the Constitution was unconstitutional, I would understand. Returning a Member temporarily is what I could not understand. We must call a spade a spade. We must protect the integrity and independence of this House. Hon. Speaker, this happened last time with our Constituencies Development Fund (CDF). The Judiciary one time said it is unconstitutional, that we do what we are supposed to do under the law and create the national Government CDF. Yesterday, another one said we can have Kshs25 billion not Kshs35 billion. The 11th Parliament is under obligation when the matter concerns one of us. All of us must defend the institution of Parliament. Parliament does not select who sits in the Judiciary and to some extent does not select who sits in the Executive. The Judiciary or the Executive does not tell us how we should run our business. That is very clear. The framers of the Constitution world over decided to create three arms of government which are independent but can work together. If this matter is not addressed adequately, then there is no need of having a Speaker and the Speaker’s Panel. Judge Odunga and the rest can come, sit on the Speaker’s chair or pick anyone of us. They can punish anyone of us. They can run Parliament from the Judiciary. We want you to give a direction on how this matter will be handled. I have raised fundamental questions based on those three articles. You should neither be intimidated nor intimated. We are in this House courtesy of the people of Kenya through fair and free elections. 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."
}