Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 859,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/859/?format=api",
    "text_counter": 364,
    "type": "speech",
    "speaker_name": "Prof. Muigai",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 408,
        "legal_name": "Githu Muigai",
        "slug": "githu-muigai"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, first, I want to appreciate the comments by hon. Mungatana that I was not in this House, and I was not in the Office of the Attorney-General when this Bill was passed by the House, when it was presented to His Excellency the President, when it pleased him – the President – on the advice of the Attorney-General to refer it back to this House. But the Office of the Attorney-General is an institution. My own personal views on this matter would not be important at this stage. This referral has already been made and is pending before the House. I want to remind hon. Members that under our Constitution, the legislative power is both in this National Assembly and in His Excellency the President. It is when this House and the President act together that they are Parliament, and not otherwise. It is, therefore, not unconstitutional, Mr. Temporary Deputy Speaker, Sir, that the President should express his opinion in respect of any law that is passed by Parliament. However – and this is the genius of our democracy – it is still the prerogative of this House to refuse to accept the proposals, the amendments and the suggestions that are made by the President. That, in my very humble view, is the course open to this Parliament today. I would request you, Mr. Temporary Deputy Speaker, Sir, to allow that we should commence this debate, that I should move this amendment and this House, in its wisdom, if it chooses to amend, refuse or reject the amendments, that will be it. Then it will be for historians to debate in future years who of us was right, whether it was the House or the President. But let me say this, Mr. Temporary Deputy Speaker, Sir, before I sit down. I understand the reasons my distinguished colleagues on the other side of the House raised the issues that they have raised. All of us care deeply about the welfare of the people of this country. I am sure that his Excellency the President and the hon. Members of this House would like to achieve the same goals, and that goal is to remove from our laws any legislation that offends the Constitution. In my very humble view, though, this is what His Excellency the President has proposed, it is a compromise; it is to retain immunity for the Armed Forces of the Republic of Kenya that engaged in a legitimate war; that was duly declared under the Constitution and the law at the time and enacted by this Parliament."
}