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{
    "id": 966733,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/966733/?format=api",
    "text_counter": 232,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Sometimes I wonder why in the very many years of this Parliament, we have not published a compendium of the rulings of the Speakers. There was a time when an issue arose in the “Lower House” and we were able to get published rulings of the Speaker of the Parliament in New Zealand. I cannot say that they are doing any better because our Houses of Parliament have come out with very good rulings. I think this is one of the very best. First, thank you for demystifying the fact that it is only the courts that interpret the Constitution or the law. In fact, if you go by Article 10 of the Constitution, it talks about State organs or any person applying or interpreting the Constitution. This is something that we do on a daily basis. As the Speaker sits on the Chair, all the time he is thinking, applying and interpreting Statutes and Regulations so that some order can prevail in our debates and nothing goes out of the parameters of the law. More importantly, the ruling that you have made in respect of, or your comments on the obiter comment in Judge Ngugi’s ruling are very fundamental and very important, particularly when we have elected in our system of Government, the centrality of human rights. Article 19 says that the Bill of Rights is an integral part of Kenya’s democratic system. Although, sometimes when we make a lot of noise about what has happened or somebody has been given bail, they forget that this Bill of Rights, more than any other one has elevated the Bill of Rights to a level that we had never heard before compared to other jurisdictions. It says that the rights and fundamental freedoms contained in the Constitution are not the full amplitude or limit of rights and fundamentals of freedoms. The ones that are in the Constitution are not the only ones because these rights are in here; they are not given by Government. Therefore, the first point is that you have made the point that it is not in the premise of the courts exclusively to interpret the Constitution. Secondly, the doctrine of judicial precedent does not apply in cases where it can be proven that a judgement was made in error or in ignorance of the law. They have gone through the reasons why some of the comments obiter in Judge Ngugi’s ruling are plainly wrong and unconstitutional. In fact, she may have forgotten about the debate that took place because in order to protect some of these independent offices and commissions that independence can be interfered with by a trumped up charge being brought to court and by the time it is brought, you lose office and your case can be in court for five years. In fact, your term can expire before the case is over. I was having a discussion with some of my colleagues; I was telling them that if what Judge Ngugi is saying is right, then, Members of Parliament, you are in for a very rough time. In fact, Sen. Cherargei will also---"
}