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"id": 1113512,
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"type": "speech",
"speaker_name": "Garissa Township, JP",
"speaker_title": "Hon. Aden Duale",
"speaker": {
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"legal_name": "Aden Bare Duale",
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"content": " Hon. Speaker, I do not want to interrupt my colleague and the Leader of the Majority Party. I think what Hon. T.J. raised is that we use the Constitution and Standing Orders. Where the Speaker finds it necessary, then you go to traditions of other jurisdictions and practices. Where you do not find all those, then the Speaker uses Standing Order No. 1. That is the matter. Hon. Speaker, the Leader of the Majority Party is out of order to mislead this House that we are raising a matter of constitutionality under Articles 10 and 118 of the Constitution and Standing Order No. 126. Hon. Otiende Amolo raised other provisions in law and we are now at the constitutionality of a piece of legislation before the House. So, you cannot bring the issue of precedent. The Leader of the Majority Party needs to guide us. I am a ranking Member. I must say it, and this has been so. Even in other jurisdictions, the issue of precedent arises when there is no express provision in the Standing Orders to address the matter. That is why you refer to what happened, say, in the United States of America on a similar matter that is not provided for in our Standing Orders and the Constitution in your own rulings. Lawyers will tell us that the courts use previous judgements and other reference materials authored by professors of law schools. The 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."
}