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{
    "id": 953673,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/953673/?format=api",
    "text_counter": 36,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Eleven judges; leave alone the seven judges that we talk about while we are having presidential elections petitions. In relation to this request that is being made, I just want to read the part of the summary of the judgment and it is of note that the President of the Supreme Court of the United Kingdom is a lady, President Hale. She says this in considering the decision to prorogue Parliament by the Prime Minister in the United Kingdom. In fact, they say that the Prime Minister’s advice to the Queen was unlawful. This is what I want to cite and then come to this request. The second fundamental principle is parliamentary accountability. In the words of Lord Bingham, Senior Law Lord, the conduct of government by a Prime Minister and Cabinet collectively responsible and accountable to Parliament, lies at the heart of Westminster democracy. This is why this question is being asked or this request is being made. Under this principle, that this court in England is saying, that the Government is accountable and responsible to Parliament and not the other way round. Parliament can never be accountable to the Executive. In Kenya, we are beginning to behave as if Parliament is accountable to the Executive. This is where we are getting things wrong. They say that the power to prorogue is limited by the constitutional principles with which it would otherwise be in conflict; the ability of Parliament to carry out its constitutional functions as a legislature and a body responsible for the supervision of the Executive. How many times do you think of us as being the body which should supervise the Executive? Many of us behave as if it is the Executive to supervise Parliament. In judging any justification which might be put forward, the court must be sensitive to the responsibilities to the Prime Minister. Lastly, the court is bound to conclude, therefore, the decision to advise Her Majesty to prorogue Parliament was unlawful. I hope the courts here will carry this spirit and make a decision on the matter that we have filed in court and what the governors have filed in court, instead of pussy-footing and dilly dallying. They are not difficult decisions to be made because we have to continue to supervise the Executive. I want to say this in relation to the request: Mr. Speaker, Sir, there are large chunks of land particularly in the semi-arid areas that have been taken away by the Government; the Ministry of Defence and some parastatals like the Agricultural Development Corporation (ADC) in Laikipia, Samburu, Isiolo, some parts of north eastern and the coast. Sometimes, the Government thinks that because there are large expanse of empty land that, that land does not belong to anybody and so, they can just take it away anyhow. It is the life that the pastoralists have chosen to live, that is why they are in need of large expanses of land. That is why they are not in Kiambu and Siaya because they need large expanses of land. Therefore, if the Government needs land in Samburu, Laikipia and Isiolo, it must consult with the people there and not assume that the land belongs to nobody. The incidences that have been taking place in Laikipia is because the Government just went there and took pieces of land which have ended up in the hands of foreigners. When there is conflict between a foreigner and local people, the Government tends to take the position protective of foreigners instead of local people. 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."
}