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{
    "id": 969720,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/969720/?format=api",
    "text_counter": 262,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Senate. I want to add that if you look at Article 176 of the County Governments Act in relation the composition of the county government, it says that there shall be a county government of each county consisting of the county assembly and the county executive. In the hierarchy of our constitutional architecture, it is the body that represents the people that is higher. Just like in the order of hierarchy of the Constitution, Parliament comes before the Executive and the Judiciary. So, when a constitutional body approaches another constitutional body, there is a legal principle; the principle of committee of harmonious relationship between one constitutional body and the other constitutional body. Mr. Speaker, Sir, in relation specifically to the matters that have been brought to us; when Hon. Raila Odinga went to court in 2013 and, in effect, he was questioning the conduct of the Independent Electoral and Boundaries Commission (IEBC) and how they conducted that election, the Supreme Court had this to say. I want the Senate Majority Leader to listen to this very carefully. You have read it, but not cited it in any court; but I have cited it many times. Paragraph 196 says:- “This emergence from a long standing common law approach in respect of alleged irregularities in the acts of public bodies.” We are saying that there was an irregularity in the county assembly. Now, the Supreme Court said that for the legal principle to be applied, it is the following: omniapresumuntur rite esse acta, which means that all acts are presumed to have been done rightly and regularly. That is the principle of legality; so that when the Senate makes a decision, before the contrary is proved, it is assumed that you have done the thing correctly, so that when the Senate enacts a law, there is a presumption of legality. This is so that when the County Assembly of Kiambu makes a decision, there is a presumption of legality. How do you interrogate that legality? This case, again, in the Supreme Court, which some people were very happy about because their candidate won---"
}