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{
    "id": 1069333,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1069333/?format=api",
    "text_counter": 74,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": " Mr. Speaker, Sir, this matter is unfortunate, but we have ourselves to blame. I want to be forthright with the Members here. I have always pleaded that this House has to comply with court orders. I raised this issue when we had a court order in the matter concerning the impeachment of the Governor for Taita Taveta and the House declined to obey that court order. We cannot choose which court order to obey or not. We cannot argue that a court order is legislative or not. In accordance with Article 10, a court order is a court order. I still believe that if we want to become a nation governed by laws, the first principle is to obey court orders. We have not been faithful to this fundamental requirement of the law. We also have a court order on the impeachment of the Governor of Wajir, but we said Parliament cannot be injuncted. I do not believe that Parliament cannot be injuncted. Parliaments are injuncted worldwide. For example, there are many court orders in the House of Representatives and the Senate in the United States of America (USA). In the Supreme Courts of England, there were proceedings challenging active proceedings in the House of Commons and House of Lords. It was presided over by an honoured Lady Chief Justice. Parliament was injuncted and the issue remained there until the appeal process was completed. So, I plead that you cannot elect and chose which orders to obey or not. Right now, we have orders against the National Assembly and it is complying with them in the matter which is in the Court of Appeal. However, we are on record saying that court orders mean nothing. I think it is an unfortunate state of affairs. Not even during the Kenya African National Union (KANU) rule would somebody say that you cannot obey court orders. You have to blame yourselves. You have said it on record. In fact, I was writing some article based on the two decisions which are here. If you remember, the former Deputy Speaker (Sen. (Prof.) Kindiki, made a landmark ruling where he said that we cannot obey court orders. That is on record. I believe that questions of human rights are fundamental and central to our system of constitutionalism. Whenever there is an allegation or threat to a violation of fundamental rights, the courts can intervene. I remember a Parliament in South Africa trying through Committees, a Member of the Democratic Party which was a minority party. The parliamentarians said that they can disregard court orders because they wanted to kick the MP out. However, the High Court, sitting in Cape Town, intervened and Parliament was injuncted. Mr. Speaker, Sir, we have to be consistent. We should settle this question on whether court orders matter or not. So, when it pleases us, we say that there is a court order. However, when it does not, we say that court orders can go to hell. We have to be consistent. Mr. Speaker, Sir, we now have two sets of documents. A letter from the lawyer purportedly serving your office with a court order which is dated today and another letter dated 10th March. All these papers should be placed before you."
}