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{
    "id": 757379,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/757379/?format=api",
    "text_counter": 163,
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    "content": "institutions where they serve. In as much as we in Jubilee are not happy at all with the ruling and findings of the Supreme Court, we respect it as an institution and we expect reciprocity in that respect; that they too should respect the presidency and Parliament. I am not sure in as much as Justice Maraga has made history twice, first in the Supreme Court landmark ruling which is a beautiful part of our democracy that not only in Kenya and Africa where a court can sit and nullify an election of a President. That in itself is history. He has also made history by being the first Chief Justice and members of the Judiciary to abscond a National function recognizing the official opening of Parliament that has people elected directly by Kenyans. If there was a legal question as to whether or not the President should have opened Parliament, it would be answered by provisions of our Constitution. The first is that if the president is deemed to be coming as a result of a nullified election, it means then that no presidential election was held on 8th August, 2017 and, therefore, the President is still exercising powers of presidency and not those of temporary incumbency. Those powers include the official address to Parliament. However, even if you argue that the President is exercising the powers of a President-elect, reserved for a President during the period of temporary incumbency, then Article 134(2) is clear that the person may not exercise the powers that include: ( a ) The nomination or appointment of the judges of the superior courts; ( b ) The nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint; ( c ) The nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers; ( d ) The nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative; ( e ) The power of mercy; and ( f ) The authority to confer honours in the name of the people and the Republic. Even during the period of temporary incumbency, the President still has powers and the mandate to address the official opening of Parliament. Therefore, there is no legal question as to the legality of yesterday’s function and if our colleagues on the other side who boycotted the opening would wish to boycott, we are only too happy to continue serving the Kenyans who stood in long lines and expressed their will. I will not go deep into the contents of the ruling by the Supreme Court and the situation we are in right now, but I believe that even as we start this Session of Parliament, several questions that are foundational to our democracy must be asked and answered. The foundation of our democracy was hard-fought for, where our forefathers, the Kenyattas, Odingas and Tom Mboya shuttling between Kenya and the United Kingdom, the first sittings of the Lancaster House, the Littleton Constitution, the Lenox Boyd deal; all sought just one thing; that the ordinary African Kenyan should be able to have an opportunity to determine his destiny through the ballot by choosing his representatives at the national and local level. Mr. Speaker, Sir, people have died for Kenyans to have that right; families have been destroyed, people have been maimed. The fundamental question of democracy that"
}