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"id": 1408951,
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"text_counter": 79,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": " If I may, I want to catch the Speaker’s ear."
},
{
"id": 1408952,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1408952/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Yes, Hon. Owen. Can you finish your point of order?"
},
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"id": 1408953,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1408953/?format=api",
"text_counter": 81,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": " I am finishing. I want to refer you to Standing Order 87. Hon. Mithika Linturi is being alleged to have committed some acts that occurred before he became a Cabinet Secretary. Those matters were conclusively dealt with when he was vetted by Parliament. Standing Order 87 states that if a matter has been discussed and dispensed with during a session of Parliament, for which this session refers to, it cannot again"
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{
"id": 1408954,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1408954/?format=api",
"text_counter": 82,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
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{
"id": 1408955,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1408955/?format=api",
"text_counter": 83,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": "be referred to during the same session. The cases being referred to in the Motion were dealt with. They happened before Hon. Mithika Linturi was appointed as a Cabinet Secretary and are now being re-introduced in the House. These matters can only be re-introduced with your express permission. I request your ruling on this matter because the Motion as presented cannot be discussed in this House. I rest my case."
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{
"id": 1408956,
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"text_counter": 84,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Hon. Owen Baya."
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{
"id": 1408957,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1408957/?format=api",
"text_counter": 85,
"type": "scene",
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"speaker_title": "",
"speaker": null,
"content": "(Loud consultations)"
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"id": 1408958,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1408958/?format=api",
"text_counter": 86,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Order. That point of order should not elicit a trajectory that is unrelated to the Motion. On the question of sub judice, you have to demonstrate that any mention of a case that is pending before court in the House will prejudice the possible outcome of that case. If any Member ventures into discussing the merits of any case pending before a court of law, the Speaker, who is a consummate lawyer, will stop that Member. On the matter of conflict of interests, you have simply said number 15 without mentioning the name. The number of Members required to support the Motion is 88, and we have 110. And therefore, even if you have 15 of them out, it would make no difference. I, will therefore, order that the Motion continues. Hon. Murugara."
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"id": 1408959,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1408959/?format=api",
"text_counter": 87,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " Thank you, Hon. Speaker. I rise to oppose this Motion. I have various reasons why I urge the House to reject it, and some of them are purely based on law. The Motion in certain respects, breach Statutes and as such, this House cannot condone such. Hon. Speaker, if you allow me to move since I have limited time, I wish to draw the attention of the House to the affidavit in support of the Motion. It is sworn by the Mover of the Motion before a Commissioner for Oaths. It is also very clear from the Motion that the affidavit was drawn by a Law firm of Messrs Bryan Khaemba, Kamau and Company Advocates. It then becomes apparent on the face of the record that the affidavit was commissioned by the same Advocate who drew it, Mr. Bryan Mandila Khaemba of the Law Firm of Bryan Khaemba, Kamau and Company Advocates. That being the case then, this Affidavit is in direct contravention of the Oaths and Statutory Declarations Act, Chapter 15 of the Laws of Kenya. The offended Section is 4(1) of the Act. It expressly, prohibits any person who is administering the oath not to have any interest in the matter. Having done so, it then means that the affidavit in support, is faulty and the Hon. Speaker has the discretion to expunge it from the records. If that is done, it then means that the affidavit and all the supporting documents go with it. That would mean that in front of us, is a Motion that is not supported by any evidence. The consequence of that is that the Motion cannot stand as it is, and should fail. And for that reason, and I reserve the right to raise this at any stage, I urge the House to reject it for being in contravention of the Statutes. Secondly, it is equally important that as we debate, we also know that this House is not a guillotine. A guillotine for those who do not know was an Instrument used for execution during the French Revolution in 18th Century. Its purpose was to chop off everybody’s head when it was brought before that particular Tribunal. We must go by what our Constitution says, which is exactly what we have before the House. What does a Cabinet Secretary do? The offences that we have here, are all on allegations of having approved. He made approvals for certain contracts and disbursements. Under our Constitution and the law, who is the accounting officer? Can a Cabinet Secretary be held responsible for matters that are discharged by an"
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"text_counter": 88,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}
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