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{
    "id": 733045,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/733045/?format=api",
    "text_counter": 157,
    "type": "speech",
    "speaker_name": "Hon. Baiya",
    "speaker_title": "",
    "speaker": {
        "id": 8,
        "legal_name": "Peter Njoroge Baiya",
        "slug": "peter-baiya"
    },
    "content": "Thank you, Hon. Speaker. I have just listened to what Hon. Wamalwa has just stated. He is simply succumbing to the usurpation of the constitutional limits that are clearly set within our Constitution. Our Constitution has actually given all the arms of Government very specific lines of responsibilities and each has that responsibility to safeguard its space from encroachment from any other arm. That is the essence of our Constitution. When the Judiciary makes an order purporting to direct how this House will conduct its internal affairs, that is clearly where usurpation of power happens and the only thing that can happen is for this House to assert its constitutional mandate by stating categorically to the Judiciary that they have gone beyond their limits. The principle that this House should not be dealing with any matter that is before the court basically applies as a restraint by the National Assembly. But in this particular case, that does not even apply as it is in the Standing Orders. This is because the House was already seized of this matter and then somebody went to court and the court, quite cognisant of the fact that the matter is before the National Assembly, purported to take control and issued a directive interfering and interrupting the conduct of business by the National Assembly. If we were to allow that, then it would be unprecedented and it would really cause havoc as far as the operation of our constitutional system is concerned. Hon. Speaker, I will be urging you to give direction, bearing in mind the effect of such an order purporting to ask the National Assembly to conduct – or not to conduct – its normal business outside the Constitution and its own Standing Orders. The High Court or any other court has the leeway to allow Parliament to run its full course. At the end of the day, that is the procedural way of making pronouncement as to whether it was constitutional or not. That is what we have heard. Any perceived prejudice does not entitle anybody to use that very well established mechanism of separation of powers or disrespect it. With those comments, I urge this House not to hesitate to assert itself in the wake of a blatant court order made in disregard of very clear constitutional principles. Thank you."
}