Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 126423,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/126423/?format=api",
    "text_counter": 458,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "In support of this proposition, the Minister tabled a number of documents among them a copy of petition No.535 of 2009 filed on 7th September, 2009 at the High Court in Nairobi. The petitioners in that matter are listed as the Nairobi Law Society and 15 other individuals, while the respondents are listed as the Attorney-General and the KACC. Hon. Members, among the orders sought in the petition are a conservatory order stopping, or staying, the operations of Gazette Notices Nos.9300 and 9301 of 31st August, 2009, reappointing the Director and two Assistant Directors of the KACC, pending the inter-parties hearing of the petition. The petition further seeks temporary orders restraining, or prohibiting, the said officials from assuming office, or acting in such positions, pending the hearing and determination of the petition. The Minister informed the House that the matter would come up for hearing on 15th September, 2009. In addition to tabling the said document, the Minister made submissions urging the Chair to find that the House should not debate the Report until the court seized of the issue makes a determination. The Minister also advanced the view that if the House debated the Report, such a debate would go to the merits of the matter and undermine the citizens’ right to a fair hearing. Several Members contributed to the ensuing debate, giving their respective positions on the matter. The House also benefited from the contribution of the hon. learned Attorney-General, who informed the House that he was himself a party to the case that was filed in court, and that in his view, the case was active because a hearing date had been set for 15th September, 2009. The Attorney-General argued that although it was not automatic that all matters that are filed in court lead to invocation of the sub-judice rule, the matter and issue was complex and required a careful balancing act of the roles played by the various organs of Government, so that no organ is seen to be interfering with the other, but all organs should work harmoniously to ensure that the country functions on the basis of constitutionalism. The Attorney-General urged the Chair to consider in particular the danger of prejudice to the courts and took the view that although Parliament could render a non-binding opinion on the matter, only the courts could make a final determination on the issue, binding on all persons."
}