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{
    "id": 808583,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/808583/?format=api",
    "text_counter": 170,
    "type": "speech",
    "speaker_name": "Suba North, ODM",
    "speaker_title": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": " Thank you, Hon. Speaker for giving me a chance. I want to agree with Hon. Mbadi that you have pronounced yourself on this issue before. But, that does not stop you from pronouncing yourself again, especially because of the decisions that have emanated from the courts of late. I am saying this because coming from a civil society background I defend the rights of the Judiciary and in equal measure, defend the rights of the Legislature. When we talk about separation of powers, it is not powers that lean on one side. We have three arms of Government and each should do its work without interference. If after undertaking the work, one arm feels the other has undertaken excesses, then they can challenge the work of that other arm. For instance, what has happened in the Judiciary in the past is, upon our passing laws, they have declared sections of those laws unconstitutional. It is unheard of for any Judiciary to interfere with the workings of Parliament and injunct either a Committee or Parliament as a whole. I do not know in which jurisdiction this happens. Even though you pronounced yourself on this, maybe, we need a more reasoned argument that borrows from other jurisdictions so that the Judiciary can also understand that both in law and practice, you cannot injunct Parliament. If they do not like what we are doing as the Legislature, then they should wait and when we are done with our work, whatever laws we pass, they can declare them unconstitutional. But, they cannot injunct us. In fact, what Hon. Junet has said is utterly ridiculous and can happen if we allowed it. Somebody can injunct Parliament from sitting. What would happen in the country especially at a time when we have something as critical as the budget? Right now, our Constitution has so many freedoms; including the right for public participation which I support. Somebody can go and say because he/she did not participate, Parliament should then not pass the budget. That is how ridiculous it can get. I want to agree with the issue of injuncting Parliament. I do not want to comment on the one on privileges especially because you have already said you are seized of the matter. I wanted to speak specially on this issue because I have been supporting and defending the Judiciary. But, they must equally respect our role as MPs, they cannot just injunct us. Thank you, Hon. Speaker."
}