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{
    "id": 674820,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/674820/?format=api",
    "text_counter": 166,
    "type": "speech",
    "speaker_name": "Hon. Kipyegon",
    "speaker_title": "",
    "speaker": {
        "id": 1453,
        "legal_name": "Johana Ngeno Kipyegon",
        "slug": "johana-ngeno-kipyegon"
    },
    "content": "is hard to determine the precincts of the county assembly. I believe with this law, somebody must ensure those people have a place to do legislation and representation. There is also the issue of interference by the courts. I am happy this Bill is also addressing that particular issue so that the MCAs can do whatever they are supposed to do within the law and within their powers. However, I do not agree with the fact that the courts should not question whatever comes out of the county assemblies. County assemblies, just like the National Assembly and the Senate, legislate. But all the legislation is subject to interpretation by the courts. Therefore, anybody can move to court to seek legal interpretation in terms of whether the particular law that has been enacted contravenes the Constitution. As you know, Article 1 of the Constitution states that any other law that contravenes the Constitution, be it customary or statutory, is null and void. Any member of the public can to go to court to claim the interpretation of any particular law that has been made by either the county assemblies or the national Parliament. Therefore, the particular provisions of this Bill seeking to deny the courts the opportunity to interpret laws that are made by the county assemblies should be deleted. We can only agree on a situation where we will not allow the court to interfere with the proceedings of the county assemblies, just like this House or any other House of parliament cannot interfere with what is going on in court until the conclusion of the particular matter. We will only allow the courts to deal with the matter after its conclusion. The Bill also provides for areas where people are supposed to be picketing. The Constitution is very clear. People have the right to picket and demonstrate, but the Constitution does not give them the right to picket anywhere, even inside the precincts of Parliament. Members of the public, Senators, Members of the National Assembly and MCAs must understand that if you really want to picket, there are some areas where you are supposed to picket. In this House, we need to be very respectable. You cannot start a fight in this House or demonstrate. Just like we would want members of the public to be disciplined and carry themselves with decorum, MCAs and Members of the National Assembly must also carry themselves with decorum. If people were to be carted to do demonstrations in particular areas, we also must show respect to the laws we are putting in place. Another issue is that of respect to the House. There is a part which I tend to believe is also very important in this particular Bill – the provision that any member who assaults or insults another member must face the consequences. We have had situations where members fight. After the passage of this Bill, MCAs should know that they have immunity, and that they are now hon. members like they used to know. The problem is that, sometimes, they carry themselves in a way that is belittling the positions they hold. People fight on the streets and in the county assemblies. They break maces and the chairs and beat the speakers and the leaders of the majority party. The MCAs should also believe in themselves. They should know that they are hon. members and, therefore, they will be punished for contravening the law. This will help to change the situation. It is absurd that most of the MCAs behave like former members of county and municipal councils where people used to fight and fighting used to be the order of the day. MCAs should learn that this is a new institution. It is anchored in the new Constitution and members have the same powers as members of the National Assembly. Therefore, they must carry themselves with decorum. There is also the issue of civil and criminal procedures in court. We agree that while in the precincts of this Assembly or any other assembly, we should also have immunity so that we 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."
}