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{
    "id": 1067262,
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    "content": "allow me to note that the issues raised by the Member for Ugenya are valid in light of our own Standing Order No.89 on the sub judice rule which provides that “no Member shall refer to active civil or criminal matters and the discussion of such matters is likely to prejudice the fair determination of the cases.” It is also worth noting that the manner in which Article 257(7) of the Constitution is couched is in mandatory terms that a draft Bill having been approved by the county assemblies is required to be introduced in Parliament without delay for consideration. In this regard, in the event Standing Order No.89 was to apply, it would not be used to oust the express constitutional and mandatory obligation placed on Parliament to introduce and consider a Bill to amend the Constitution by popular initiative. Indeed, such an interpretation would, in addition to being an affront to Article 257 of the Constitution, also offend Article 1 of the Constitution on the sovereign power of the people of Kenya to amend the Constitution as and when they see it fit. Standing Order 89 cannot curtail this sovereign power of the people which is guaranteed and protected by the Constitution itself. Standing Order 89 provides the circumstances under which the sub judice rule would apply and gives power to the Speaker to interpret and apply the same in determining whether a matter is"
}