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{
    "id": 814511,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/814511/?format=api",
    "text_counter": 118,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "ADOPT, ENACT and give this Constitution to ourselves and to our future generations.” Are they not aware that Kenyans spoke when they passed the new constitutional order of 2010? Kenyans spoke emphatically by creating the three arms of Government. My emphasis is on what has already been stated clearly that we have a bicameral Parliament made of two Houses which are the National Assembly and the Senate. Lawyers say in court that where there are two equities, the first one in time prevails. I dare say that at the historical inception of the Constitution of 1963, this country established a bicameral system of Government where the Senate was the upper House. So, there is nothing new which has been created with the new constitutional dispensation but rather than reinstating. No wonder what we are observing is abuse of power by some of the Members of the National Assembly. During the French Revolution, there was a period known as Renaissance where intellectuals like Montesquieu, Voltaire and even John Locke were very clear on the abuse of powers. They felt that where power is concentrated in few individuals, they are likely to abuse and this is exactly what we are seeing. That has come to pass. That is why drafters of the Constitution of that time, which we borrowed from, provided that we should have separate arms of Government. These are the basics which are taught in universities to first year students. Of course, I do not want to repeat what has been stated in terms of the role of Parliament under Article 94 of the Constitution. Article 95 designates the role of the National Assembly while Article 96 is very categorical about the role of the Senate. Mr. Deputy Speaker, Sir, Article 261 is a final provision which deals with transitional and consequential provisions. It is very clear that if Parliament shall not legislate as required by the Constitution, then any person may petition the High Court on the matter---"
}