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{
    "id": 748736,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/748736/?format=api",
    "text_counter": 162,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "I am addressing the House on the legality of Recommendations Nos. 3, 5, 6 and 7. I have just referred the House to the provisions of Section 3 of the Judicature Act, Cap 8 of the Laws of Kenya. I have emphasised that it deals with the matter of the sources and hierarchy of laws. We have a situation in Recommendation No.3 where this Joint Committee wrongly against the provisions of the Judicature Act Section 3 is ignoring Rule 6(1) and the idea of hierarchy of laws as provided in our own laws and in their consideration and be bound by a decision and implement it. First, we are putting a limitation on the nominating party that is not contemplated by the rules. Second, we are also elevating a court decision to a level of supremacy to a statutory law, a law legislated and approved by this Parliament as other Parliaments across the region contrary to the provisions of Section 3 of the Judicature Act. If the House agrees with me, Recommendation 3 is outrightly illegal and also Recommendation No.4, which requires a party to submit three times. A statute passed by this Parliament says that a party will pass any number, but not exceeding three for each slot is also unlawful. If the House agrees with me to that extent, then Recommendation No.6, that the time should be extended and others should also follow, is also unlawful. Let me end by saying that the danger in Recommendation No.7, we are sending a team to EALA to represent our country. We cannot be a country which in the eye of the EAC is manifesting itself always as being engaged in small fights."
}