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"type": "speech",
"speaker_name": "Mr. Haji",
"speaker_title": "The Minister of State for Defence",
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"legal_name": "Yusuf Mohammed Haji",
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"content": " Mr. Speaker, Sir, as the Minister has rightly said, I accompanied him to Sudan. I am really saddened that in spite of the fact that he used one-and-a-half hours and all the skills that he has both as a lawyer and as a diplomat to convince President Al Bashir to stand down the threat that he was giving and succeeded, unfortunately, yesterday some activists in Non- Governmental Organizations (NGOs) who want to sustain themselves were attacking him directly, when what he only did as a Minister was to fight for the interest of Kenya, otherwise Kenya would have suffered. Seventy percent of the Kenya Airways flights pass through Sudan. You can imagine if that was to stop. The Kenyan economy would have suffered."
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"type": "speech",
"speaker_name": "Mr. Wetangula",
"speaker_title": "The Minister for Foreign Affairs",
"speaker": {
"id": 210,
"legal_name": "Moses Masika Wetangula",
"slug": "moses-wetangula"
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"content": " Mr. Speaker, Sir, I thank the Minister very much for the information."
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"text_counter": 167,
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"speaker_title": "",
"speaker": null,
"content": "[Mr. Speaker left the Chair]"
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"content": "[Mr. Deputy Speaker took the Chair]"
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"type": "speech",
"speaker_name": "Mr. Wetangula",
"speaker_title": "The Minister for Foreign Affairs",
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"id": 210,
"legal_name": "Moses Masika Wetangula",
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"content": "Mr. Deputy Speaker, Sir, the last and more important issue is that Kenya is the chair of the CPA implementation committee of IGAD. Although Southern Sudan is independent, there are several outstanding issues. There is South Kordofan that is still outstanding, the Blue Nile State, the un-demarcated boundary and citizenship issues. Above all, there is the issue of Abyei. President Bashir stayed all these conditions and gave us two weeks to observe the developments and see how further we can deal with the issue. But let me say that when the judgement was made, as the Foreign Affairs Minister for this country, I was reached by the media. It should not be lost that I am a lawyer of over two decades standing in this country. I said that this is a judgement in error. This is what every lawyer says when we go to the Court of Appeal to appeal against any judgement. I also said that this is a judgement incapable of obedience. This is what every good lawyer says when you go to court on appeal. I also said that this is a judgement in error of law. The law is very clear and I do not want to go into it because the Attorney- General is appealing against this ruling. At no time did the Ministry of Foreign Affairs of Kenya say that we shall not obey the court order. The Minister for Foreign Affairs said that it is a judgement incapable of obedience. These are not one and the same thing. Mr. Deputy Speaker, Sir, I am a lawyer and I participated in bringing to this country this Constitution at Bomas, Naivasha and in this House. I feel saddened for some activists to start saying out there that I said “do not obey a court order.” I have never said that and will not say that. Saying “a judgement is incapable of obedience” is not saying that we will not obey a court order. Let me finish by saying that the Government is not about the Executive, the Judiciary or Parliament. It is about all of us; the Judiciary, the Executive and the Legislature. We all form the Government and we have a duty to protect the interests of this country. Obviously, all the six sanctions I have listed here that Sudan was taking against Kenya, were going to hurt this country and our economy. These issues were also going to hurt innocent Kenyans working and living in Sudan, our soldiers who are keeping peace in Sudan and above all, the image of this country as a peacemaker and leader in pursuit of peace in this region. Mr. Deputy Speaker, Sir, that is the message that I wanted to give to Parliament. I thank hon. Haji for accompanying me. We did meet you in Khartoum as well, and you fully understood the message that we went to deliver. Thank you, Mr. Deputy Speaker, Sir."
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"id": 2916,
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"type": "speech",
"speaker_name": "Mr. Baiya",
"speaker_title": "",
"speaker": {
"id": 8,
"legal_name": "Peter Njoroge Baiya",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I would want to thank the Minister for Foreign Affairs for the clarifications he has made. But the main concern of this country, especially of the Executive, is the role the Executive has played in actually getting itself to where it finds itself. Is it not true that the Executive did not actually bring before the court all the information relevant to the harm and hurt this country was going to actually go through as a result of which the court made a decision that the Executive found difficult to comply with? Having done that, is it really in order? Is it optional for the Government to choose to say: “On this decision, we are incapable of compliance; we are not going to comply?” Where does that, really, leave the Constitution of this country and the rule of law?"
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"id": 2917,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/2917/?format=api",
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"type": "speech",
"speaker_name": "Mr. Olago",
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"speaker": {
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"legal_name": "John Olago Aluoch",
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"content": "Mr. Deputy Speaker, Sir, I had actually asked for a Statement from the Minister in respect of this matter today. It is good enough for a lawyer like my colleague, the Minister for Foreign Affairs, to say that the judgment is erroneous; it is not based on law and not capable of being complied with. That is quite proper in law. Mr. Deputy Speaker, Sir, as we address this issue, another very, very important issue that comes up is this, while the country has been debating this issue, the hon. Chief Justice has come out in the media to comment on this matter. As an advocate of the Court of Kenya, I think I have a duty to advise that while a matter is still live, as this one is, the Chief Justice should be cautious and keep away from making public comments because it is possible that this mater may come before him to make arbitration."
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"text_counter": 172,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Applause)"
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"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/2919/?format=api",
"text_counter": 173,
"type": "speech",
"speaker_name": "Mr. Olago",
"speaker_title": "",
"speaker": {
"id": 5,
"legal_name": "John Olago Aluoch",
"slug": "john-aluoch"
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"content": "Mr. Deputy Speaker, Sir, I am quite relieved that the Minister for Foreign Affairs has today said that what was said in the Press is not what he uttered. To that extent, therefore, could he tell the House how far he has gone with the appeal?"
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"type": "speech",
"speaker_name": "Mr. C. Kilonzo",
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"speaker": {
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"legal_name": "Charles Mutavi Kilonzo",
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"content": "Mr. Deputy Speaker, Sir, this is not the first time the Government has been caught napping, as usual. Where was the Government when this matter was in court? Why did the Government not put up a strong case? My understanding is that the Attorney-General’s Office sent very junior officers who probably never understood the consequences of this matter. So, Mr. Deputy Speaker, Sir, this Government now cannot turn around and push the blame to the courts. The blame goes squarely to the Government! If, indeed, Sudan is a friendly country to Kenya, we should have sent the best presentation in court. And if we do not have it in the Attorney-General’s Office, you hire from the private sector. What is the Government going to do to that person who was responsible for not taking proper representation to put the proper case in court – because this is not a matter which can be left lying down – so that it can be a lesson in future that nobody takes matters of this nature lightly?"
}
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