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{
    "id": 881260,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/881260/?format=api",
    "text_counter": 136,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr.) Otiende Amollo",
    "speaker": {
        "id": 13465,
        "legal_name": "Paul Otiende Amollo",
        "slug": "paul-otiende-amollo"
    },
    "content": " Thank you, Hon. Speaker. Let me add my voice to this very serious matter. In my view, it is nothing short of contempt of Parliament. Article 94(5) is very clear, as stated by the Chairman, that only Parliament can make anything that has the force of law. However, we have a situation where the Governor of the CBK is now purporting to make laws. He is reluctant to bring that law, in accordance with Section 11 of the Statutory Instruments Act, so that the elected representatives can test the legality of that law, the consistency of that law and the propriety of that law. This is a matter in which it may not be sufficient to refer to Committee on Implementation. It is a matter of which the Committee on Delegated Legislation should give the Governor time as they have indicated, failing which, I suggest that a censure Motion be considered. It cannot be said that after Parliament has made a law, the Governor of the CBK seeks the view of the Attorney-General on the legality of that law. There is no such provision. The legality of laws is tested here. If there is doubt, they are tested in the High Court; they are not subjected to the opinion of the Attorney-General. It should also be added that the CBK Governor should know that he is treading on dangerous ground. By not submitting the legislation, the subsidiary legislation, to this House; by not implementing the effect of Section 33(c) of the law that was passed, he is actually failing to obey the law. Under Article 251 of the Constitution, any holder of an independent office can be removed for failure to obey the Constitution or the law."
}