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{
    "id": 1067266,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1067266/?format=api",
    "text_counter": 96,
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    "content": "Further, the courts have in the past also issued pronouncements guarding against interfering with ongoing legislative processes, in particular, in consideration of a Bill by the House. Interference with the processes of the House has been interpreted by the courts to be tantamount to stifling the legislative authority of Parliament as guaranteed under Article 94 of the Constitution. The courts have jurisdiction to interpret and consider Bills of this House once enacted into law as Acts of Parliament. As to whether this House shall be acting in vain by considering a Bill that may fail to be submitted to the President for assent in terms of Article 257(9) of the Constitution, it is worth noting that there are two main court orders in place touching on the Bill under consideration. One is a conservatory order that was granted in the consolidated Petitions before the High Court Petition E282 of 2020 restraining the Independent Electoral and Boundaries Commission from facilitating and subjecting the Constitution of Kenya (Amendment) Bill, 2020 to a referendum, or taking any further action to advance the Constitution of Kenya (Amendment) Bill, 2020, pending the hearing and determination of the consolidated petitions. The second order is one also in the consolidated petitions before the High Court barring His Excellency the President from assenting to the Constitution of Kenya (Amendment) Bill, 2020, should it be approved by the two Houses of Parliament. The order further provides that, should the President assent to the Bill, the amendments shall not come into force until the determination of the petitions challenging the process. From the foregoing, it is clear that the orders are against the IEBC and the President. There are no orders barring the House from considering the Bill. I also note that the Committee did consider this issue and also found that there are no orders that have been issued barring 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."
}