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{
    "id": 943724,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/943724/?format=api",
    "text_counter": 477,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Secondly, hon. Senators, trying to curtail Parliament’s constitutional responsibilities undermines the sui generis stature of Parliament as the constitutional organ that is directly elected by the people and thereby exercises the sovereign will of the people. Parliament whose Members are direct representatives of the people cannot be prevented from giving voice to the will of the people of Kenya. However, in the spirit of the concept of checks and balances, which is in itself an offshoot of the separation of powers doctrine, our constitutional design ensures that the Judiciary is empowered to scrutinize legislation and other outputs of Parliament ipsofacto to ensure that the Constitution and the law have been complied with. Thus, the unfettered, but solemn privilege of Parliament to proceed unhindered by the Judiciary and the Executive is moderated by the reality that the Executive can veto legislation - as it happens sometimes when the President returns legislations to Parliament - and courts of law in exercise of their judicial authority under the Constitution retain a residual power to declare in justifiable instances, any legislation or other output of Parliament illegal, unlawful or unconstitutional. Thirdly, attempts to injunct Parliament is inimical to the desirable levels of institutional comity and cordial relations among the branches of Government and is in itself tantamount to subversion of the Constitution. The crown jewel of inter-branch relations in Government is inter-institutional respect and deference in a mutual, not unilateral manner, on the basis of reciprocity. Parliament ought to respect the Judiciary and vice versa . As I said on the Floor of this House last week, I observed with great admiration, as the Hon. (Dr.) Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya, as he then was, in 2017, led the Judiciary in successfully making a case for the non- appearance for vetting by Parliament of judges, who had been appointed members of the Judicial Service Commission (JSC), as required of all other commissioners of the JSC and, indeed, commissioners of all other independent constitutional commissions. It cannot be right for the Judiciary to guard their institutional independence jealously and wrong for the Speakers of Parliament to do likewise for our institution, Parliament. As the adage goes - what is good for the goose is good for the gander. The need for inter-branch and institutional respect and deference between Parliament and the Judiciary could not have been enunciated better than was done by no less an authority than the Supreme Court of Kenya in Petition No.32 of 2014 at paragraph (57) by stating that: “Separation of powers must mean that courts must show deference to the Legislature as an important institution in the maintenance of our constitutional democracy.” In Speaker of the Senate and another Vs Attorney General and 4 others, Reference No. 2 of 2013, paragraph (61), the Supreme Court said succinctly: “The Court will not question each and every procedural infraction that may occur in either House of Parliament. The court cannot supervise the workings of Parliament. The institutional comity between the three arms of Government must not be endangered by the unwarranted intrusions into the workings of one arm by another.” 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."
}