Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 578812,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/578812/?format=api",
    "text_counter": 247,
    "type": "speech",
    "speaker_name": "Hon. Aluoch",
    "speaker_title": "",
    "speaker": {
        "id": 5,
        "legal_name": "John Olago Aluoch",
        "slug": "john-aluoch"
    },
    "content": "If this amendment Bill had been passed by that time then the courts could not have even attempted to do what they did. The issue of Hon. Sungu is a very tragic example of how the absence of this amendment can lead to this House being indirectly gagged. Hon. Sungu was then acting as the Chairman of the Select Committee of this House that was probing the murder of the late Hon. (Dr.) Robert Ouko who comes from my constituency. In the course of his duties as the Chairman of that Committee, he met pressmen within the precincts of Parliament but not within the House or the Committee. He told them about what had been said about one of the people who was supposed to appear before that Committee. Arising from that, he was sued and now he stands to pay up to about Kshs10 million. Poor Hon. Sungu does not have the means to do that. I was with him over the weekend. He is not able to pay this money. So, there are two things that will happen to him; either he will have to file for bankruptcy or he will go to civil jail. Look at those consequences arising from performance of your duties as a Member Parliament. This should not be allowed to happen in this country and that is why this amendment Bill is coming at the right time, and to cure the right type of mischief. This is how I look at it: If it was possible to pass this amendment Bill and have it have retrospective effect, it would cure the agony that Hon. Sungu is going to face. Freedom of expression is an issue that we have enshrined in our Constitution. However, the law as it stands now appears to restrict the freedom of expression by MPs in the performance of their duties. I was discussing this a few moments ago with Hon. Junet of Suna East. He was of the view that what we are canvassing now could be canvassed in an amendment to the Powers and Privileges Act and I said “No”. Why did I say so? It is because that Act is supported by the Constitution. So the only place we can cure this mischief is by passing this amendment. I know that the threshold is high. However, I urge my colleagues, when the time comes, let us all be here and pass this amendment Bill. It is for the sake of this House and the posterity of this country. Thank you."
}