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{
    "id": 733049,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/733049/?format=api",
    "text_counter": 161,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "prominent lawyers like T.J. Kajwang’, who wanted to physically stop the Chairman of the Committee on Finance, Planning and Trade from moving. I also seek your direction. There are a number of issues in view of the foregoing. I seek your clarification on several issues as you give your directions. In light of the power vested upon Parliament under Article 124 of the Constitution, which says that Parliament will make its own rules of procedure--- In light of the ruling of the Supreme Court, I hope Justice Chacha Mwita is listening to me because he must follow precedents. The ruling of the US Supreme Court in the case of Marshall Field & Company Vs. Clerk is classical as it relates to the issue of separation of powers between the Judiciary and the Legislature. It has been cited in a number of legislative jurisdictions. I want Justice Chacha to read that ruling so that he may understand how far the courts can go in terms of dictating or even questioning the rules of procedure to be followed by the Legislature. Secondly, does Article 117 of the Constitution qualify the provisions of the Bill of Rights? Can the Judiciary use Article 165 of the Constitution to make orders which have the effect of curtailing the freedom of speech and debate in Parliament? What Justice Chacha Mwita is trying to do is curtailing the freedom of speech and debate by the Committee and the House. He is interfering with this House’s powers, privilege and immunities as guaranteed by Article 117 of the Constitution. Hon. Speaker, we want your direction on the effect of the conservatory orders given by Justice Chacha on the mandate of the Committee to consider the petition relating to the removal of the Auditor-General from office. Secondly, what is the effect of these conservatory orders in light of the 21 days extension granted to this Committee to consider and conclude the petition relating to the removal of the Auditor- General? Let us not play games or tribal politics. In as far as violation of the Constitution or abuse of office is concerned, let us deal with each public officer regardless of his or her political affiliation, ethnic background or religion. This Constitution has even provided a mechanism through which you can impeach the President, the Deputy President of the Republic of Kenya, Cabinet Secretaries and all holders of independent offices. One judge talks about 10th April while another one talks about 21st May. We have gone to school. Let me tell the Judiciary that this Parliament will sit until the midnight of 7th August, 2017."
}