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{
    "id": 833626,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/833626/?format=api",
    "text_counter": 245,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "Madam Temporary Speaker, we, as a House, have been trying of late to promote the alternative dispute resolution formula. This is one of the ways in which we continue to push on that dream of ensuring and telling Kenyans that it is not always before a court of law, that they can find justice. Some of the fairest resolved disputes in this country were not sorted before courts of laws. They were sorted out using our traditional African mechanisms of sorting out disputes. Elders from the warring factions were called, people would sit down and agree. At the end of the day, justice would be served both to the aggrieved and the complainant. Thereafter, everyone went home a happy person. He was sure that no money exchanged hands and there were no other issues that influenced justice. I find Clause 3(h) extremely debatable. It is on the issue of separation of powers. As we continue with other discussion before the House, we should indulge our minds about this doctrine of separation of powers between Legislature and the Judiciary. To the best of my knowledge and constitutionality, judicial authority is drawn from the people. Legislative authority is also drawn from the same people. So, at what point do you determine that judicial authority supersedes legislative authority in certain aspects? The two authorities have been drawn from the same people. This is a constitutional flaw, because if a matter is squarely before a court of law, you cannot deliberate on it. Parliament is the gathering of all the people. Every afternoon, all 47 million Kenyans meet in this House. Since all of them cannot fit here, they have sent a representative in the name of their Senator. Therefore, as a Senator, when I take a public stand about certain issues, I do it consciously knowing that I am voting on behalf of the two million Kenyans who live in the county that I represent in this House. Therefore, to be told that I cannot take a certain decision because it is before a particular judge, I find it to be an insult to my intelligence. I wish all those who are good students of jurisprudence and such matters to give us a better understanding of this theory now when we are having all these discussions about referendum and so on. What it is that we need to improve in our laws? This is one area that we need to properly address ourselves to, so that we make a fair decision. We want to know whether it is proper for us, as Members of Parliament, and Members County Assemblies, to be denied the chance to take certain decisions because a matter is before a court of law. Madam Temporary Speaker, Article 159(4) of our Constitution speaks about access to justice. It reminds us that access to justice shall always be without undue regard to procedure and technicalities. We cannot be told why justice cannot be served upon us, as Kenyans, because certain regulations were not followed, or we are supposed to have filled the petition in this or that format. I urge Sen. Pareno to add a clause that says minor technicalities that are not in accordance with what you have proposed here, should not be used as a basis for determining whether a petition is properly before a county assembly or not. I foresee a situation where an aggrieved party presents a petition before a county assembly and the MCAs investigates and agree with them and issue sanctions to the aggressors. This is Kenya, and we know how things happen. For example, somebody may say that the petitioner did not meet one of these requirements that have been put here, and use it as a basis to go to court and seek redress The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}